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People v. Gioglio

Supreme Court of Michigan.
Oct 4, 2012
493 Mich. 864 (Mich. 2012)

Opinion

Docket No. 145091. COA No. 293629.

2012-10-4

PEOPLE of the State of Michigan, Plaintiff–Appellee, v. Jeffrey Paul GIOGLIO, Defendant–Appellant.


Prior report: Mich.App., 296 Mich.App. 12, 815 N.W.2d 589.

Order

On order of the Court, the application for leave to appeal the March 20, 2012 judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we VACATE the maximum sentences imposed by the Kalamazoo Circuit Court, and we REMAND this case to the trial court for resentencing. The court failed to recognize that it had discretion to set the maximum sentences under MCL 769.10. See People v. Bonilla–Machado, 489 Mich. 412, 803 N.W.2d 217 (2011); People v. Turski, 436 Mich. 878, 461 N.W.2d 366 (1990). In all other respects, leave to appeal is DENIED, because we are not persuaded that the remaining question presented should be reviewed by this Court.


Summaries of

People v. Gioglio

Supreme Court of Michigan.
Oct 4, 2012
493 Mich. 864 (Mich. 2012)
Case details for

People v. Gioglio

Case Details

Full title:PEOPLE of the State of Michigan, Plaintiff–Appellee, v. Jeffrey Paul…

Court:Supreme Court of Michigan.

Date published: Oct 4, 2012

Citations

493 Mich. 864 (Mich. 2012)
493 Mich. 864

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