People v. McCuller

This case presents the majority with the opportunity to correct an error. When the Court previously sat in judgment of this case, the majority found that no Sixth Amendment1 violation had *699occurred at defendant’s sentencing. It sanctioned the judge’s fact-finding that increased defendant’s sentence by moving it from an intermediate sanction cell to a straddle cell. The United States Supreme Court granted certiorari, vacated the decision, and remanded the case to this Court for further consideration in light of its most recent Sixth Amendment precedent, Cunningham, v California, 549 US 127 S Ct…