People v. Smith

*295Levin, J.

The question presented is whether the inclusion in the presentence investigation report of the expunged juvenile record of defendant Ricky Franklin Smith requires, under MCR 5.913, now MCR 5.925(E), that he be resentenced.1

The Court of Appeals ruled that resentencing was required.2 We reverse.

I

Smith was convicted on his plea of guilty of breaking and entering,3 and of being an habitual offender, fourth offense.4

Smith argued in the Court of Appeals that he was entitled to be resentenced because the presentence investigation report contained references to his juvenile criminal record…