PEOPLE OF MI V TWANNA DAVIS
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
February 13, 1998
Plaintiff-Appellee,
v
No. 197206
Recorder’s Court
LC No. 96-000863
TWANNA DAVIS,
Defendant-Appellant.
Before: Markey, P.J., and Doctoroff and Smolenski, JJ.
MEMORANDUM.
Following a bench trial, defendant was convicted of unlawfully driving away an automobile,
MCL 750.413; MSA 28.645, and assault with intent to rob while armed, MCL 750.89; MSA 28.284.
The trial court sentenced defendant to one to four years’ imprisonment on the UDAA conviction. The
court then apparently imposed a sentence of five to fifteen years’ imprisonment on the erroneously held
belief that defendant had been convicted of armed robbery. Defendant appeals as of right. We vacate
defendant’s five to fifteen year sentence and remand for resentencing.
Defendant argues that she is entitled to resentencing because the trial court sentenced her on a
nonexistent armed robbery conviction when it should have sentenced her on the assault conviction. A
sentence is invalid if based on an improper assumption of guilt or on inaccurate information. People v
Miles, 454 Mich 90, 96; 559 NW2d 299 (1997). A review of the sentencing transcript reveals that the
court was under the mistaken belief that it was sentencing defendant on an armed robbery conviction.
Accordingly, defendant is entitled to sentencing on the assault conviction.
We decline to address defendant’s challenge to the proportionality of her five year minimum
sentence in light of the remand for resentencing.
Remanded for proceedings consistent with this opinion. We do not retain jurisdiction.
/s/ Jane E. Markey
/s/ Martin M. Doctoroff
/s/ Michael R. Smolenski
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