PEOPLE OF MI V JAMES HENRY CARR
Annotate this Case
Download PDF
STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
October 4, 1996
Plaintiff-Appellee,
v
No. 189414
LC No. 95-009706-FH
JAMES HENRY CARR,
Defendant-Appellant.
Before: J.H. Gillis, P.J., and G.S. Allen and J.B. Sullivan, JJ.*
MEMORANDUM.
Defendant pleaded guilty to larceny in a building, MCL 750.360; MSA 28.592, and habitual
offender, second offense, MCL 769.10; MSA 28.1082. He was thereafter sentenced to three to six
years’ imprisonment, to be served consecutively to a sentence for which he was on parole. He now
appeals as of right. We affirm. This case has been decided without oral argument pursuant to MCR
7.214(E)(1)(b).
There is no record support for defendant’s claim that the sentencing court considered inaccurate
information contained in the presentence investigation report when fashioning his sentence. Instead, the
record indicates that the court’s comments were consistent with the admissions made on the record by
defense counsel concerning the nature of defendant’s criminal history.
There is also no record support for defendant’s claim that the sentencing court sentenced him
under the mistaken belief that he had been convicted as a fourth habitual offender. Instead, the record
indicates that the judgment of sentence contained a typographical error that has since been cured by the
entry of an amended judgment of sentence.
Finally, we decline appellate consideration of defendant’s claim that the sentencing court
erroneously considered counselless convictions when fashioning an appropriate sentence. Defendant
*Former Court of Appeals judges, sitting on the Court of Appeals by assignment pursuant to
Administrative Order 1996-3.
-1
has abandoned this claim by failing to properly present the issue. People v Kent, 194 Mich App 206,
210; 486 NW2d 110 (1992).
Affirmed.
/s/ John H. Gillis
/s/ Glenn S. Allen, Jr.
/s/ Joseph B. Sullivan
-2
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.