People v. McCleary

Michael McCleary, found guilty of two voluntary manslaughter charges, contends he must be resentenced for two reasons: First, the trial court failed to advise him of his right to elect to be sentenced under the law in effect at the time the crimes were committed; second, the trial court believed consecutive sentences were required by law, when they were not.

Despite the defendant’s failure to preserve these issues for appeal, we vacate the sentences imposed and remand this cause for resentencing.

PROCEEDINGS IN THE TRIAL COURT

McCleary originally was charged with two counts of murder in relation…