A defendant is entitled to resentencing if his sentence is based on inaccurate information.

People v Jackson, ___ Mich ___ (#138988, 7/7/2010)


In Jackson, supra the Michigan Supreme Court held that a defendant is entitled to resentencing for an armed-robbery conviction when the Court of Appeals vacated his concurrent convictions for felonious assault that were used as a factor in calculating his sentence for armed robbery. Under the Michigan Court Rules, Court of Appeals’ remands for resentencing are governed by MCL 769.34(10) which requires that cases be remanded when the sentence is based on inaccurate information. We therefore conclude that defendant is entitled to resentencing because his sentence is now based on inaccurate information.