Legal Opinion · Concurring in part, dissenting in part
People v. Mazzie
Michigan Supreme Court
Decided September 22, 1987No. Docket Nos. 75276, 75493, (Calendar Nos. 2-3)Published
1Concurring in part, dissenting in partBoyle, J.
The issue raised in these two cases, consolidated for purposes of appeal, is whether the trial courts properly imposed greater sentences upon reconviction after their guilty pleas were set aside.1 In deciding this issue, we are also required to determine the continued vitality of People v Payne, 386 Mich 84; 191 NW2d 375 (1971), in light of recent United States Supreme Court decisions. In both Mazzie and Spangler, we would affirm the decisions of the Court of Appeals, finding that, in both cases, it was proper to impose a greater sentence upon reconviction. We would further find that the rule…
2Cases cited24 opinions
- North Carolina v. PearceSupreme Court of the United States · 1969
- Stone v. PowellSupreme Court of the United States · 1976
- Williams v. New YorkSupreme Court of the United States · 1949
- Bordenkircher v. HayesSupreme Court of the United States · 1978
- Holloway v. ArkansasSupreme Court of the United States · 1978
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