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A Better Partnership
April 21, 2016

MSC grants MOA to consider whether CSC-I conviction requires lifetime electronic monitoring

In People v. Comer, No. 152713, the Michigan Supreme Court granted mini-oral argument on the application for leave to appeal to consider two issues: first, whether MCL 750.520n requires that the defendant, who pled guilty to  criminal sexual conduct in the first degree (“CSC-I”), be sentenced to lifetime electronic monitoring, and second, if so, whether a trial court is authorized—in the absence of a motion filed by any party—to amend the defendant’s judgment of sentence twenty months after the original sentencing. The Court of Appeals held, which we blogged about here, that a defendant convicted of CSC-I is subject to mandatory lifetime electronic monitoring, even if the trial court mistakenly omitted the electronic monitoring from defendant’s first Judgment of Sentence.

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