PEOPLE OF MI V JESSE SMITH

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STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, UNPUBLISHED February 28, 1997 Plaintiff-Appellee, v No. 177146 Recorder’s Court LC No. 75-008540 JESSE SMITH, Defendant-Appellant. Before: Fitzgerald, P.J., and Griffin and M.R. Knoblock,* JJ. MEMORANDUM. Defendant appeals by leave granted from the trial court order denying his motion for relief from judgment pursuant to MCR 6.502. Defendant had pleaded guilty to second-degree murder, MCL 750.317; MSA 28.549, for which he was sentenced to life imprisonment. We affirm. This case has been decided without oral argument pursuant to MCR 7.214(A). The trial court’s use of a four-year-old presentence investigation report does not require resentencing in light of the availability of the institutional report and the opportunity afforded defendant to apprise the trial court of any new information. See People v Hemphill, 439 Mich 576, 582; 487 NW2d 152 (1992). Affirmed. /s/ E. Thomas Fitzgerald /s/ Richard Allen Griffin /s/ M. Richard Knoblock * Circuit judge, sitting on the Court of Appeals by assignment. -1

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