Opinion
No. 129358.
January 27, 2006.
Leave to Appeal Denied.
SC: 129358, COA: 261738.
The application for leave to appeal the July 5, 2005, order of the Court of Appeals is denied, because we are not persuaded that the questions presented should be reviewed by this Court. On the Court's own motion, we remand this case to the St. Clair Circuit Court for correction of the judgment of sentence. Defendant was sentenced to a prison term of five years to 40 years for his conviction for felonious assault, MCL 750.82, as a fourth-offense habitual offender, MCL 769.12. The maximum possible term of imprisonment for a fourth-offense habitual offender convicted of felonious assault is 15 years. MCL 769.12(1)(b). On remand, the trial court shall correct the judgment of sentence so that the maximum term of imprisonment for defendant's felonious assault conviction is 15 years.