People v. Underwood

The prosecution appeals by leave granted the sentence imposed following defendant’s plea-based conviction of perjury committed in a court proceeding, MCL 750.422. Defendant was sentenced as second-offense a habitual offender, MCL 769.10, to 47 months to 22 years’ imprisonment. We vacate defendant’s sentence and remand for resentencing.

Defendant was charged with committing perjury at a jury trial in a capital case. Perjury is punishable by imprisonment for life or any term of years in a capital case and a term of not more than 15 years in a noncapital case. MCL 750.422. In January 2006,…