People v. Schultz

0dissenting). In these cases, consolidated for purposes of appeal, we are asked to determine whether the Court of Appeals erred in ordering the resentencing of defendant Schultz under MCL 333.7403; MSA 14.15(7403), as amended by 1988 PA 47, and the resentencing of defendant Sand under MCL 333.7401; MSA 14.15(7401), as amended by 1987 PA 275.

In both People v Schultz and People v Sand, we would hold that the Court of Appeals erred in ordering resentencing. Thus, we would reverse the Court of Appeals decisions and reinstate the decisions of the respective trial courts.

I. FACTS AND PROCEEDINGS

A.…