PEOPLE OF MI V WOODROW REGINTIN JENKINS
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
August 19, 1997
Plaintiff-Appellee,
v
No. 193297
Livingston Circuit Court
LC No. 91-6435 FH
WOODROW REGINTIN JENKINS,
Defendant-Appellant.
Before: Cavanagh, P.J., and Holbrook, Jr., and Jansen, JJ.
MEMORANDUM.
This is the third time this matter is before us. In 1991, defendant pleaded guilty to three counts
of delivery of less than fifty grams of heroin, MCL 333.7401(2)(a)(iv); MSA 14.15(7401)(2)(a)(iv).
After a second resentencing ordered by this Court, the trial court sentenced defendant to serve 370
days in prison on Count I with credit for 682 days served. He appeals as of right and we vacate the
amended judgment of sentence.
Defendant argues, and the prosecutor concedes, that the trial court lacked jurisdiction to
resentence him on February 22, 1996, because he already had been released from prison and
discharged from parole. See People v Gregorczyk, 178 Mich App 1; 443 NW2d 816 (1989).
Accordingly, because the sentence imposed by the trial court following this Court’s initial remand was
valid, and defendant completed that sentence, we vacate the amended judgment of sentence.
The amended judgment of sentence entered March 1, 1996, is vacated.
/s/ Mark J. Cavanagh
/s/ Donald E. Holbrook, Jr.
/s/ Kathleen Jansen
-1
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