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April 2017

Apr 2017
28
April 28, 2017

COA: Defendant released early by clerical error is no longer under control of Dept. of Corrections, may not receive consecutive sentences

A defendant who was accidentally released before serving all of her time may not receive consecutive sentences as though still incarcerated, said the Michigan Court of Appeals. In People v. Parker, No. 330898, the Department of Corrections “erroneously released defendant back into the community before she was finished serving either of her sentences.” As a result, when the defendant committed another crime in 2013, her record showed “in prison.” Pursuant to MCL 768.7a, the trial court ordered that the new sentence run consecutively to the sentences that she was already supposed to be serving. 
 

Apr 2017
24
April 24, 2017

COA upholds immunity for licensed medical marijuana provider, examining weight and location of drying plants

The Michigan Court of Appeals recently sided with the defendant regarding two ambiguities in the Michigan Medical Marihuana Act’s (the “MMMA”) immunity provision. In People v. Manuel, No. 331408, the court found that even though the defendant’s wet marijuana leaves exceeded the permissible weight and his growing room doors were not always kept locked, that he nevertheless complied with the MMMA’s immunity requirements.

Apr 2017
24
April 24, 2017

COA: Defendant can withdraw plea if judge deviates from deal, but restitution is constitutional and need not be proportional

The Michigan Court of Appeals recently examined a wide range of arguments, ultimately finding that the trial court erred by imposing a fine, but upholding its orders for restitution. In People v. Foster, No. 329992, the defendant “pleaded guilty to two counts of breaking and entering with intent to commit a felony, MCL 750.110, and one count of possession with intent to deliver a controlled substance, MCL 333.7401(2)(b)(i).” The prosecution agreed to drop the charges in exchange for the defendant’s agreement to pay restitution. But, on appeal, the defendant argued that he could not be ordered to pay restitution where he was not convicted of the underlying crimes.
 

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