Legal Opinion
People v. Uphaus
Michigan Court of Appeals
Decided March 11, 2008No. Docket 267238PublishedCited by 72 opinions
1Opinion of the Court
ON REMAND
Before: SMOLENSK!, PJ., and SAAD and WILDER, JJ. SMOLENSKI, P.J.
This case is before us on remand from our Supreme Court. In our previous opinion, we concluded that defendant had not raised any errors warranting a new trial, but determined that he was entitled to be resentenced on the sole basis that the trial court improperly utilized facts not found by a jury in departing from the required sentence. See People v Uphaus, 275 Mich App 158, 163, 173 n 6; 737 NW2d 519 (2007) CUphaus I). Our Supreme Court, in lieu of granting leave to appeal, reversed that portion of our judgment and…
2Cases cited20 opinions
- Blakely v. WashingtonSupreme Court of the United States · 2004
- Williams v. New YorkSupreme Court of the United States · 1949
- People v. TomaMichigan Supreme Court · 2000
- People v. RileyMichigan Supreme Court · 2003
- People v. ChambersMichigan Court of Appeals · 2007
15 more not listed; retrieve them via the Exa API.
3Cited by72 opinions
- People v. LopezMichigan Court of Appeals · 2014
- People v. SwainMichigan Court of Appeals · 2010
- People v. LloydMichigan Court of Appeals · 2009
- People v. MabenMichigan Court of Appeals · 2015
- People v. AndersonMichigan Court of Appeals · 2012
67 more not listed; retrieve them via the Exa API.