People v. Seays
People v. Seays
Opinion of the Court
Defendant pled guilty in the Wayne County Circuit Court to armed robbery, MCL 750.529; MSA 28.797, and possession of a firearm during the commission of a felony, MCL 750.227b; MSA 28.424(2). Defendant was sentenced to serve a term of imprisonment of from one year and one day to ten years for the robbery after a consecutive term of two years imprisonment for the. felony-firearm violation. Defendant now appeals as of right.
Defendant first contends that he is entitled to a remand for resentencing because the trial court erroneously believed that the minimum prison sentence it could mete out for armed robbery was a year and a day. There is currently a split of authority in this Court on the issue of whether there is any mandatory minimum sentence for armed robbery. See the three opinions in People v West, 113 Mich App 1; 317 NW2d 261 (1982), for citations and an explication of reasons. I adhere to my position in West and People v Luke, 115 Mich App 223; 320 NW2d 350 (1982), and conclude that the trial court correctly determined that the minimum prison term for armed robbery was one year and one day. As such, it is my opinion that defendant was not sentenced under a mistake of law.
Defendant also asserts that if armed robbery had a mandatory minimum sentence, the trial court’s advice that this minimum sentence is "a term of years” was insufficient to comply with
"Defendant recognizes that in People v Harper, 83 Mich App 390; 269 NW2d 470 (1978), and People v Lendzian, 80 Mich App 323; 263 NW2d 360 (1977), panels of the Court of Appeals [have] held that advising a defendant that the mandatory minimum sentence for armed robbery is 'any number of years’ is sufficient compliance with the guilty plea court rule. However, given the ambiguity of that advice, as reflected in the conflicting appellate decisions, defendant seriously questions the adequacy of that advice. The better rule would require giving a defendant specific numbers. If the mandatory minimum is a year and a day, the defendant should be so told; there is no reason to be coy by tossing out legalistic jargon which is subject to differing interpretations.”
Nonetheless, despite the overall soundness of the
Defendant next argues that the trial court erred in failing to inform defendant of the consequences of Proposal B. MCL 791.233b; MSA 28.2303(3). We disagree. See People v Johnson, 413 Mich 487; 320 NW2d 876 (1982).
We also reject defendant’s contention that convictions for both armed robbery and possession of a firearm during the commission of a felony is violative of constitutional prohibitions against double jeopardy. Wayne County Prosecutor v Recorder’s Court Judge, 406 Mich 374; 280 NW2d 793 (1979), app dis sub nom Brintley v Michigan, 444 US 948; 100 S Ct 418; 62 L Ed 2d 317 (1979).
Affirmed.
Concurring Opinion
(concurring). My position remains unchanged. There is no mandatory minimum sen
Case-law data current through December 31, 2025. Source: CourtListener bulk data.