People v. Smith

Defendant pled guilty to charges of breaking and entering, MCL 750.110; MSA 28.305, and being an habitual offender, fourth offense, MCL 769.12; MSA 28.1084. Defendant was sentenced as an habitual offender to six to thirty years imprisonment. Defendant appeals from his sentence as of right. We affirm the convictions, vacate his sentence and remand for resentencing.

Defendant argues that he is entitled to resentencing because the presentence information report (psir) contained references to defendant’s juvenile criminal record which had automatically been expunged pursuant to former MCR 5.913,…