PEOPLE OF MI V THOMAS GRAY
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
September 8, 1998
Plaintiff-Appellee,
v
No. 202625
Oakland Circuit Court
LC No. 96-148679 FH
THOMAS GRAY,
Defendant-Appellant.
Before: Holbrook, Jr., P.J., and Wahls and Cavanagh, JJ.
MEMORANDUM.
Following defendant’s plea-based conviction for uttering and publishing, MCL 750.249; MSA
28.446, defendant was sentenced to an enhanced term of imprisonment of five to twenty years,
reflecting his status as a fourth felony offender, MCL 769.12; MSA 28.1084. We vacate defendant’s
sentence and remand for resentencing. This case is being decided without oral argument pursuant to
MCR 7.214(E).
The trial court failed to provide either defendant or defense counsel with an opportunity to
advise the court of any circumstances they believed it should consider when imposing sentence. MCR
6.425(D)(2)(c). Accordingly, defendant is entitled to resentencing. People v Sean Jones (On
Rehearing), 201 Mich App 449, 453; 506 NW2d 542 (1993).
Because our resolution of defendant’s first issue is dispositive, we decline to address
defendant’s remaining issues.
Remanded for resentencing. We do not retain jurisdiction.
/s/ Donald E. Holbrook, Jr.
/s/ Myron H. Wahls
/s/ Mark J. Cavanagh
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