People v. Kennie

The issue presented in this case is whether a remand for resentencing is required where the sentencing information report (SIR) prepared by the probation department contains a recommended minimum sentence range erroneously calculated under the sentencing guidelines. We hold that a remand is required only where the defendant has preserved this issue for appellate review by specifically objecting to the error at sentencing or by filing a motion to vacate the sentence prior to filing an appeal. Since defendant in this case failed to do either, we decline to remand for resentencing and we affirm.

D…