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PEOPLE v. COMER

No. 152713.

901 N.W.2d 553 (2017)

500 Mich. 278

PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Justin Timothy COMER, Defendant-Appellant.

Supreme Court of Michigan.

Decided June 23, 2017.

Attorney(s) appearing for the Case

Bill Schuette, Attorney General, Aaron D. Lindstrom, Solicitor General, Michael D. Wendling, Prosecuting Attorney, and Hilary B. Georgia, Senior Assistant Prosecuting Attorney, for the people.

State Appellate Defender (by Jacqueline C. Ouvry) for defendant.

Kym L. Worthy, Prosecuting Attorney, Jason W. Williams, Chief of Research, Training, and Appeals, and Timothy A. Baughman, Special Assistant Prosecuting Attorney, Amici Curiae, for the Wayne County Prosecutor's Office.

Michael Wendling, President of the Prosecuting Attorneys Association of Michigan, David E. Gilbert, Prosecuting Attorney, and Jennifer Kay Clark, Assistant Prosecuting Attorney, Amici Curiae, for the Prosecuting Attorneys Association of Michigan.

BEFORE THE ENTIRE BENCH.

OPINION

We address whether the trial court's failure to impose lifetime electronic monitoring as a part of defendant's sentence for criminal sexual conduct in the first-degree (CSC-I) rendered defendant's sentence invalid and, if so, whether the trial court could correct the invalid sentence on its own initiative 19 months...

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