Guidelines, Inaccurate Information, Remand for Resentencing

People v Jackson, 487 Mich 783; 790 NW2d 340 (2010)(sep’10). Defendant’s guidelines for an armed robbery sentence were calculated with concurrent convictions for felonious assault under PRV 7. The court of appeals vacated the felonious assault convictions, but refused to remand for resentencing under MCL 769.34(10) because the sentence remained within the appropriate guidelines range and defendant had not raised the issue below or in a “proper motion to remand.” After hearing oral argument on whether to grant leave, the supreme court held that remand for resentencing was warranted here. The fact that the original sentence was based on inaccurate information trumped the fact that it was within the corrected guidelines range. Further, because the need for resentencing did not ripen until the court of appeals vacated the two felonious assault convictions, the fact that Defendant requested remand for resentencing in his brief on appeal was sufficient to meet the requirement that he request resentencing in a “proper motion to remand in the court of appeals.”