From Casetext: Smarter Legal Research

People v. Kuchciak

Supreme Court of Michigan
Sep 24, 2002
467 Mich. 873 (Mich. 2002)

Opinion

No. 120949.

September 24, 2002.


COA: 224296, Oakland CC: 99-164349-FH

On order of the Court, the delayed application for leave to appeal from the December 28, 2001 decision of the Court of Appeals is considered and, pursuant to MCR 7.302(F)(1), in lieu of granting leave to appeal, we remand to the Oakland Circuit Court for the limited purpose of correcting the judgment of sentence. The Court of Appeals previously remanded this case on the same basis, holding that the judgment of sentence referred to an incorrect statutory provision. The original judgment of sentence was correct, however, as it permissibly referred to the appropriate section of the PACC Code for solicitation of murder, not the MCL section for first-degree murder, as found by the Court of Appeals. The circuit court did not clarify this misunderstanding in its amended judgment of sentence. Accordingly, we REMAND to the circuit court for the ministerial task of correcting the judgment of sentence to reflect that defendant was convicted under MCL 750.157b(2) or PACC 750.316A(S). In all other respects, we DENY leave to appeal.

We do not retain jurisdiction.


Summaries of

People v. Kuchciak

Supreme Court of Michigan
Sep 24, 2002
467 Mich. 873 (Mich. 2002)
Case details for

People v. Kuchciak

Case Details

Full title:PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellant, v. PAULA KUCHCIAK…

Court:Supreme Court of Michigan

Date published: Sep 24, 2002

Citations

467 Mich. 873 (Mich. 2002)
651 N.W.2d 67

Citing Cases

Zdebski v. Schmucker

Plaintiff's situation does not appear to be unique as others have apparently also wrongly confused PACC Codes…

People v. Smith

There is no need for clarification where the conviction is clearly designated by the PACC code. See People v…