Categories: Michigan Supreme Court Opinions

PEOPLE v. JIMENEZ, 465 Mich. 871 (2001)

634 N.W.2d 359

PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v. ROBERT J. JIMENEZ, JR., Defendant-Appellant.

No. 118224.Supreme Court of Michigan.
September 14, 2001.

COA: 223184, Saginaw CC: 97-013569-FC

On order of the Court, the delayed application for leave to appeal from the October 25, 2000, decision of the Court of Appeals is considered and, pursuant to MCR 7.302(F)(1), in lieu of granting leave to appeal, we REVERSE the order of the Court of Appeals and REMAND this case to the trial court. On remand, the circuit court shall treat the defendant’s motion for resentence as a motion for relief from judgment under MCR 6.508(D) and shall grant relief in part in the form of an order vacating the defendant’s 7 to 30 year prison sentence and resentencing the defendant under a corrected guideline range as per the stipulation of the parties at the September 1999 hearing. If the court determines not to sentence the defendant under the guidelines as properly scored, the defendant shall have an opportunity to withdraw his guilty plea. People vReed, 449 Mich. 375 (1995); People v Osaghae, 460 Mich. 529 (1999);People v Siebert, 450 Mich. 500 (1995); Santobello v New York, 404 U.S. 257; 92 S.Ct. 495; 30 L.Ed.2d 427 (1971).

We do not retain jurisdiction.

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