People v. Jordan

An examination of the record indicates that the trial judge failed to comply substantially with GCR 1963, 785.8(2), 785.9. I agree, therefore, that this case should be remanded to the trial court for resentencing in conformance with, these court rules. See People v Elijah Smith, 68 Mich App 551; 243 NW2d 681 (1976).

However, since defendant was a repeat offender and not an habitual offender, I believe that the indeterminate sentence act does apply to his situation and that his minimum prison sentence of 1 year and 11 months therefore violates People v Tanner, 387 Mich 683; 199 NW2d 202 (1972).…