People v. Moore

The Court of Appeals held that the circuit court had authority to resentence defendant because the sentencing judge’s expectations regarding eligibility for parole had proved to be incorrect. We hold that the circuit judge properly concluded that he lacked jurisdiction to resentence, and reverse the judgment of the Court of Appeals.

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Following a bench trial, defendant was found guilty of second-degree murder 1 and possession of a firearm during commission of a felony. 2 On September 22, 1981, the circuit court sentenced defendant to life in prison for murder, consecutive to the two-year…