People v. Martinez

Defendant, Rudolpho Martinez, pled guilty in 1984 to a reduced charge of voluntary manslaughter and habitual offender, fourth offense. MCL 750.321; MSA 28.553; MCL 769.12; MSA 28.1084. The judge sentenced him to a prison term of 100 to 150 years. This Court affirmed the sentence and our Supreme Court denied leave to appeal. People v Martinez, 147 Mich App 94; 382 NW2d 741 (1985).

*379However, after the Supreme Court’s release of People v Moore1 in 1989, defendant moved for resentencing and the trial judge granted his request. At resentencing, the judge imposed a 77 Vi to 116 Vi year sentence. He…