People Ex Rel. Carey v. Rosin

This case involves the power of the circuit court to reduce or modify a misdemeanant’s sentence of imprisonment in a proceeding begun more than 30 days from the date on which that sentence originally was pronounced and entered of record, where, in the interim, execution of that sentence had been stayed pending appeal. We hold that the circuit court was without power to reduce or modify its earlier sentence in this case, and, accordingly, we issue a writ of mandamus commanding the circuit court to vacate and expunge its order modifying defendant’s sentence, and to issue the mittimus for the…