People v. Smith

The issue to be determined in this case is whether MCL 771.1(2) divests a sentencing judge of jurisdiction if a defendant is not sentenced within one year after the imposition of a delayed sentence. We hold that it does not.

The unambiguous language of the statute provides that the court may delay sentencing “for not more than 1 year to give the defendant an opportunity to prove to the court his or her eligibility for probation or other leniency compatible with the ends of justice and the defendant’s rehabilitation . . . ,” The one-year limitation designates the maximum amount of time that…