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158068 - People v Tykeith L. Turner

The People of the State of Michigan,

 

Jon Wojtala

 

Plaintiff-Appellee,

 

v

(Appeal from Ct of Appeals)

 

 

(Wayne – Skutt, R.)

 

Tykeith L. Turner,

 

Erin Van Campen

 

Defendant-Appellant.

 

Summary

In 1995, a jury convicted the juvenile defendant of first-degree premeditated murder, assault with intent to murder, and felony-firearm. Defendant was 16 years old when the crimes were committed, but he was sentenced as an adult to serve prison terms of life without the possibility of parole for the murder and life with the possibility of parole for the assault, consecutive to a two-year term for felony-firearm. Years later, after the passage of remedial legislation, the prosecutor conceded that defendant was entitled to resentencing to a term of years for the murder. The trial court did so, and also resentenced defendant to serve a term of years for the assault conviction. On the prosecutor’s appeal, the Court of Appeals agreed that the trial court did not have authority to resentence defendant on the assault conviction, and it remanded the case to the trial court for reinstatement of the original life sentence, which carries the possibility of parole. The Supreme Court has granted the prosecution’s application for leave to appeal to address: (1) whether a legal misconception concerning a defendant’s sentence on one count renders the sentences for other counts arising out of the same transaction invalid; (2) whether the requirements for a motion for relief from judgment must be satisfied before a defendant may be resentenced on other counts where a change in the law requires resentencing for one count, or whether a trial court may exercise its discretion to resentence on other counts where resentencing is required for one count; and (3) if the latter, what parameters apply to the exercise of the court’s discretion when deciding whether to resentence on other counts. ​