People v. Hughes

Defendant pled guilty to armed robbery, MCL 750.529; MSA 28.797, following which he was sentenced to a term of from thirty to ninety years imprisonment. He appeals as of right. We affirm defendant’s conviction, but remand for resentencing.

Defendant first argues that resentencing is required. We agree. The sentencing court erred by considering defendant’s unwillingness to testify against his codefendants. See People v Peques, 104 Mich App 45; 304 NW2d 482 (1980), aff'd 412 Mich 851 (1981).

We do not agree, however, that resentencing must be before a different judge. In People v Evans, 156 Mich…