Opinion · Milaw Michigan
PEOPLE v. BERNARD HARPER, 477 Mich. 933 (2006)
723 N.W.2d 567
- Type
- Opinion
- Court
- Milaw Michigan
- Jurisdiction
- Milaw
- Date
- 2006-11-17
- Topic
- general
PEOPLE v. BERNARD HARPER, 477 Mich. 933 (2006) 723 N.W.2d 567 PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v. BERNARD GEORGEHARPER, JR., Defendant-Appellant. No. 130988.Supreme Court of Michigan. November 17, 2006.
Citator
UpLaw has not yet analyzed PEOPLE v. BERNARD HARPER, 477 Mich. 933 (2006). The absence of a flag is not a finding that it is good law.
PEOPLE v. BERNARD HARPER,477 Mich. 933(2006)
723 N.W.2d 567
PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v. BERNARD GEORGE
HARPER, JR., Defendant-Appellant.
No. 130988.
Supreme Court of Michigan.
November 17, 2006.
The parties shall include among the issues to be briefed: (1) whether the intermediate sanction described in MCL769.31(b) and MCL769.34(4), which require the trial court to impose a sentence that does not include prison, constitutes a statutory maximum sentence under Blakely v Washington,542 US 296(2004), for which the departure reasons must be decided by a jury or admitted by the defendant; (2) whether, in general, a defendant's failure to challenge the accuracy of facts contained in a presentence investigation report constitutes an admission of those facts for purposes of an analysis under Blakely, supra at 303, 310; (3) whether in this case an admission occurred where the sentencing judge informed the defendant that it is important that any mistake in such a report be caught and specifically asked the defendant if he saw any such mistake, and where both the defendant and his counsel stated that they were not contesting anything in the report; and (4) whether, by affirmatively stating that he did not contest the facts in the presentence investigation report, the defendant waived his right to argue that the facts were not admitted for purposes of sentencing. People v Carter,462 Mich 206,215(2000). The Criminal Defense Attorneys of Michigan and the Prosecuting Attorneys Association of Michigan are invited to file briefs amicus curiae. Other persons or groups interested in the determination of the issues presented in this case may move the Court for permission to file briefs amicus curiae.