People v. Hemphill

This defendant was resentenced by a judge who used a presentence report that had been prepared for his original sentencing, more than seven months earlier. The resentencing oc curred after the defendant waived his right to an updated presentence report. The Court of Appeals then ordered that the defendant again be resentenced, holding that a defendant may not waive the updating of the report. We conclude that the Court of Appeals erred, and so we reinstate the judgment of the trial court.

I

In October 1986, the defendant broke and entered an occupied dwelling. He was charged with that offense 1…