PEOPLE OF MI V CHARLES TILLMAN

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STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, UNPUBLISHED April 16, 2002 Plaintiff-Appellee, v CHARLES TILLMAN, No. 228724 Wayne Circuit Court LC No. 99-003166 Defendant-Appellant. Before: Bandstra, P.J., and Murphy and Murray, JJ. MURPHY, J. (concurring). In stating that the defendant’s sentence “has to be consecutive,” the court expressed a mistaken view that consecutive sentencing was mandatory. Under these circumstances, I am of the opinion that resentencing is the appropriate method to address this matter. People v Green, 205 Mich App 342, 347; 517 NW2d 782 (1994). I would remand for resentencing. /s/ William B. Murphy

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