People v. Thomas

In this case, the defendant received a sentence that violated the two-thirds rule of Tanner. The question on appeal is whether the court may correct the error by raising the previously imposed maximum sentence. We hold that such an error is properly corrected through a reduction of the minimum, and we therefore order the trial court to proceed in that fashion.,i

In November 1987, the defendant committed a brutal rape and robbery, stabbing his victim when she resisted. Following a jury trial, he was convicted of first-degree criminal sexual conduct, 1 armed robbery, 2 and assault with intent to…