People v. Stack

Defendant pled guilty to one count of first-degree criminal sexual conduct, MCL 750.520b(l)(e); MSA 28.788(2)(l)(e). The trial court sentenced defendant to from eighteen to thirty years imprisonment. Defendant subsequently moved to withdraw his guilty plea and for resentencing. The trial court denied both motions. Defendant appeals. We vacate defendant’s original sentence and order defendant to serve a sentence of from fifteen to thirty years imprisonment. MCR 7.216(A)(7).

Defendant claims he is entitled to resentencing. We agree. Prior to our Supreme Court’s decision in People v Killebrew,…