PEOPLE v. IRVING, 465 Mich. 965 (2002)

641 N.W.2d 858

No. 119992.Supreme Court of Michigan.
March 12, 2002.

COA: 223058, Oakland CC: 99-166087-FC

On order of the Court, the delayed application for leave to appeal from the July 13, 2001 decision of the Court of Appeals is considered and, pursuant to MCR 7.302(F)(1), in lieu of granting leave to appeal, we REMAND the case to the trial court for correction of the minimum sentences for the conspiracy and armed robbery convictions because the minimum sentences imposed are more than two-thirds of the maximum sentence. Those sentences violate the rules set forth in People vTanner, 387 Mich. 683 (1972), which the Legislature has embraced in MCL 769.34(2)(b). See People v Thomas, 447 Mich. 390 (1994). In all other respects leave to appeal is DENIED.