People v. Miles

Defendant was convicted of armed robbery and possession of a firearm during the commission of a felony. Because the presentence report failed to show that defendant had a prior felony-firearm conviction, the felony-firearm sentence imposed was a two-year consecutive sentence. When the trial court learned of the inaccuracy in the presentence report the court, sua sponte and without affording defendant a resentencing hearing, enhanced the felony-firearm sentence to five years as statutorily mandated. The Court of Appeals affirmed the increased sentence.

We reverse in part and affirm in part the…