PEOPLE OF MI V ARTHUR LAWRENCE PHILLIPS JR
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
January 4, 2000
Plaintiff-Appellee,
v
No. 211350
Wayne Circuit Court
LC No. 93-003553
ARTHUR LAWRENCE PHILLIPS, JR,
Defendant-Appellant.
Before: Saad, P.J., and McDonald and Gage, JJ.
MEMORANDUM.
Defendant appeals by right his sentence for armed robbery, MCL 750.529; MSA 28.797, and
felony firearm, MCL 750.227b; MSA 28.424(2), entered after remand from this Court. We affirm.
This appeal is being decided without oral argument pursuant to MCR 7.214(E).
In a prior published opinion in this case, this Court found that defendant was erroneously given
sentences concurrent to his sentence on unrelated federal charges. People v Phillips, 217 Mich App
489; 552 NW2d 487 (1996). The Court remanded the matter for entry of an order providing for
consecutive sentences, and a recalculation of sentence credit. On remand, the trial court sentenced
defendant to 10 to 25 years’ imprisonment on the armed robbery charge, and two years on the felony
firearm charge, consecutive to defendant’s federal sentence. Defendant was given credit for 773 days
of time served.
On appeal, defendant argues that the trial court erred in failing to conduct a full resentencing.
We disagree.
The power of the lower court on remand is to take such action as law and justice may require
so long as it is not inconsistent with the judgment of the appellate court. People v Fisher, 449 Mich
441, 447; 537 NW2d 577 (1995). This Court’s opinion explicitly directed the trial court to enter an
order providing that defendant’s sentences were to run consecutively to his federal sentence, and to
compute the appropriate credit for time served. The trial court strictly complied with the terms of this
Court’s directive. A hearing was held after remand, and defendant
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addressed the court. No request was made for further proceedings. Defendant has failed to show any
error on the part of the trial court.
Affirmed.
/s/ Henry William Saad
/s/ Gary R. McDonald
/s/ Hilda R. Gage
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