Wayne County Prosecutor v. Recorder's Court Judge

The issue in this case is whether a prosecutor is entitled to appellate review of a sentencing court’s decision regarding the length and nature of a criminal defendant’s sentence. We hold generally that a prosecutor does not have the authority to challenge a sentencing court’s exercise of discretion in sentencing.

In this case, Jerry D. Prysock pled nolo contendere to a charge of manslaughter, MCL 750.321; MSA 28.553. The Recorder’s Court judge who presided over the case sentenced Prysock to five years’ probation with the first 140 days to be served in jail. Credit was given for 139 days…