PEOPLE v. HERMAN JACKSON, 451 Mich. 864 (1996)

No. 103170.Supreme Court of Michigan.
April 2, 1996.

Leave to Appeal Denied April 2, 1996:

Court of Appeals No. 171600.

BOYLE, J.

I concur in the denial of leave to appeal for the reason that the original judgment of sentence, entered on November 10, 1993, was a valid sentence that may not be set aside. In so concurring, however, I do not wish to be understood as approving the holding of People v Peques, 104 Mich. App. 45
(1980), aff’d 412 Mich. 851 (1981). Nor do I approve of the Court of Appeals order of remand for resentencing before a different judge.

RILEY and WEAVER, JJ.

We join in the statement of Justice BOYLE.