Opinion
No. 111872.
December 30, 1998.
Summary Dispositions December 30, 1998.
In lieu of granting leave, to appeal, the case is remanded to the Bay Circuit Court for resentencing. MCR 7.302(F)(1). It is improper to change concurrent sentences to consecutive ones without a resentencing hearing. See People v. Miles, 454 Mich. 90 (1997); People v. Thomas, 223 Mich. App. 9 (1997); People v. Mapp, 224 Mich. App. 431 (1997), convening of special panel denied, 224 Mich. App. 801 (1997), lv den 456 Mich. 919 (1998). Court of Appeals No. 201389.
I would deny leave to appeal. Today's order grants the defendant relief on an issue that was not raised or addressed in the initial post-conviction motion for relief from judgment. Thus, the order contradicts the policy of finality we adopted in MCR 6.502(G)(1) for the purpose of correcting the former practice of repeated post-conviction attacks on judgments long since final. If the rule is to have any institutional effect, this Court, no less than trial courts or the Court of Appeals, should discipline itself to refrain from action that will ultimately undermine the salutary purpose of the rule.
WEAVER, J.
I concur with Justice BOYLE.