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People v. Perry

Supreme Court of Michigan

May 27, 2015

PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee,
v.
JERMOND LAWRENCE PERRY, Defendant-Appellant

COA: 322933. Wayne CC: 03-011974-FC.

Robert P. Young, Jr., Chief Justice. Stephen J. Markman, Mary Beth Kelly, Brian K. Zahra, Bridget M. McCormack, David F. Viviano, Richard H. Bernstein, Justices.

ORDER

On order of the Court, the application for leave to appeal the September 15, 2014 order of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we REMAND this case to the Wayne Circuit Court for correction of the judgment of sentence to reflect two first-degree murder convictions. The original and amended judgments of sentence inaccurately reflect four first-degree murder convictions, notwithstanding that only two people were murdered. See People v Orlewicz, 293 Mich.App. 96, 112; 809 N.W.2d 194 (2001) (" convicting a defendant of both first-degree premeditated murder and first-degree felony murder arising out of the death of a single victim is a violation of double-jeopardy protection" ). We further ORDER the trial court to ensure that the corrected judgment of sentence is transmitted to the Department of Corrections. In all other respects, leave to appeal is DENIED, because the defendant has failed to meet the burden of establishing entitlement to relief under MCR 6.508(D).


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