Legal Opinion

People v. Heller

Michigan Court of Appeals

Decided July 14, 2016No. Docket 326821PublishedCited by 13 opinions

1Per curiam

Defendant, Trenity D. Heller, pleaded guilty to possession of methamphetamine, MCL 333.7403(2)(b)(¿). The trial court sentenced Heller by videoconference, with Heller located in the county jail. Heller’s counsel was present in the courtroom but raised no objection to his client’s physical absence. The sentence imposed departed substantially from the guidelines recommendation.

Sentencing by videoconference plainly contravenes MCR 6.006, which identifies the criminal proceedings in which two-way interactive video technology may be used. Felony sentencing is not one of them. We remand for…

2Cases cited10 opinions

  1. Estes v. TexasSupreme Court of the United States · 1965
  2. United States v. Jerome CrosbyCourt of Appeals for the Second Circuit · 2005
  3. People v. LockridgeMichigan Supreme Court · 2015
  4. People v. MilbournMichigan Supreme Court · 1990
  5. In Re MCI Telecommunications ComplaintMichigan Supreme Court · 1999

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3Cited by13 opinions

  1. People of Michigan v. Justin Duane HowardMichigan Court of Appeals · 2018
  2. People v. EncisoMichigan Supreme Court · 2018
  3. People of Michigan v. Benoni Jonathan EncisoMichigan Court of Appeals · 2020
  4. People of Michigan v. Benoni Jonathan EncisoMichigan Supreme Court · 2018
  5. People of Michigan v. Dion Delando AndersonMichigan Court of Appeals · 2022

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