PEOPLE v. HENDRIX, 471 Mich. 926 (2004)

689 N.W.2d 229

No. 126834.Supreme Court of Michigan.
November 29, 2004.

SC: 126834.

Judgment Modified in Part.

In lieu of granting leave to appeal, the judgment of the Court of Appeals is modified in part. MCR 7.302(G)(1). Former MCL 257.625(8)(c), now MCL 257.625(9)(c), provides two alternate mandatory minimum sentences, either of which may be imposed. The provisions of MCL 769.34, including MCL 769.34(2), apply to a sentence imposed under MCL 257.625(9)(c). The Court of Appeals erred to the extent it concluded otherwise. In all other respects, the application is denied as moot because of the circumstances of defendant’s sentence, including the fact that defendant has been discharged from probation. Reported below:263 Mich App 18.

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