People v. Miles

{dissenting).

i

While I agree with the majority that “a sentencing court need not consider the length of a consecutive or concurrent mandatory sentence when setting an indeterminate sentence,” ante at 95, I dissent from the majority’s decision that “the trial court erred when it modified defendant’s felony-firearm sentence and implicitly resentenced defendant to the same prison term for armed robbery sua sponte and without a resentencing hearing.” Ante at 100.

While the trial court may choose to treat the omission as a material factor and resentence in that event, it is not error to fail to do…