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PEOPLE v. HERNANDEZ

Docket No. 92923, (Calendar No. 5).

443 Mich. 1 (1993)

503 N.W.2d 629

PEOPLE v. HERNANDEZ

Supreme Court of Michigan.

Decided July 13, 1993.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, William A. Forsyth, Prosecuting Attorney, Timothy K. McMorrow, Chief Appellate Attorney, and Gregory T. Boer, Assistant Prosecuting Attorney, for the people.

State Appellate Defender (by Debra Gutierrez-McGuire) for the defendant.

Amicus Curiae:

Joan Ellerbusch Morgan and Dawn Van Hoek for the Criminal Defense Attorneys of Michigan.

CAVANAGH, C.J.

We decide today whether the Court of Appeals was compelled to remand this case to the trial court to allow the defendant to file a motion for resentencing. The defendant first alleged a sentencing guidelines scoring error before the Court of Appeals by filing a motion to remand pursuant to MCR 7.211(C)(1)(a).1 We hold that the Court of Appeals is not compelled to grant every motion...

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