People v. Wilson

I respectfully dissent. It is well settled that once a valid sentence has been set, it cannot be changed by the trial court. People v Meservey, 76 Mich 223, 226; 42 NW 1133 (1889), People v Johnson, 60 Mich App 371, 373; 230 NW2d 438 (1975). An exception to this rule exists where the sentencing court errs by sentencing defendant to a maximum term less than that required by the sentencing statute. In re Pardee, 327 Mich 13, 17-18; 41 NW2d 466 (1950), cert den 339 US 961 (1950), In re Duff, 141 Mich 623, 625; 105 NW 138 (1905). The reason for this exception is that the sentencing court does not…