Wayne County Prosecutor v. Recorder's Court Judge

We granted leave to appeal in this case to determine whether the trial court had the authority to resentence the defendant. We conclude that the trial court did not have such authority, because the defendant’s original sentence was valid. We decline the invitation to overrule People v Whalen, 412 Mich 166; 312 NW2d 638 (1981), and affirm the decision of the Court of Appeals.

I

On March 12, 1985, defendant Jenkins and co-defendant Orrin Cuthbertson each pled guilty of one count of armed robbery, MCL 750.529; MSA 28.797, and one count of possession of a firearm during the attempt or commission of…