Opinion
SC: 154888 COA: 321355
10-03-2017
PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Jamal Iban WILLIAMS, Defendant-Appellant.
Order
On order of the Court, the motion to file additional pro per supplement is GRANTED. By order of March 7, 2017, the application for leave to appeal the August 9, 2016 judgment of the Court of Appeals was held in abeyance pending the decision in People v. Comer (Docket No. 152713). The case having been decided on June 23, 2017, 500 Mich. 278, 901 N.W.2d 553 (2017), the application is again considered. Pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we REVERSE that part of the Court of Appeals judgment addressing the trial court's sua sponte order for resentencing, VACATE the June 11, 2014 judgment of sentence, and REMAND this case to the Macomb Circuit Court to reinstate the April 2, 2014 judgment of sentence. In Comer , we held that correcting an invalid sentence by adding a statutorily mandated term is a substantive correction that a trial court may make on its own initiative only before judgment is entered. In this case, the trial court did not have authority to sua sponte order resentencing to impose a mandatory minimum habitual offender sentence under MCL 769.12. In all other respects, leave to appeal is DENIED, because we are not persuaded that the remaining questions presented should be reviewed by this Court.
We do not retain jurisdiction.