Order Michigan Supreme Court
Lansing, Michigan
October 3, 2017 Stephen J. Markman,
Chief Justice
Brian K. Zahra
Bridget M. McCormack
151808 David F. Viviano
Richard H. Bernstein
Joan L. Larsen
PEOPLE OF THE STATE OF MICHIGAN, Kurtis T. Wilder,
Plaintiff-Appellee, Justices
v SC: 151808
COA: 326518
Wayne CC: 08-008157-FH
ALSTAIR ALEXANDER RICHARDSON,
Defendant-Appellant.
_________________________________________/
By order of June 28, 2016, the application for leave to appeal the June 10, 2015
order of the Court of Appeals was held in abeyance pending the decision in People v
Comer (Docket No. 152713). The case having been decided on June 23, 2017, 500 Mich
___ (2017), the application is again considered. Pursuant to MCR 7.305(H)(1), in lieu of
granting leave to appeal, we VACATE the March 4, 2014 amended judgment of sentence
and REMAND this case to the Wayne Circuit Court to reinstate the October 17, 2008
judgment of sentence. In Comer, we held that correcting an invalid sentence by adding a
statutorily mandated term is a substantive correction that a trial court may make on its
own initiative only before judgment is entered. In this case, the trial court did not have
authority to amend the judgment of sentence after entry regarding a provision for lifetime
electronic monitoring under MCL 750.520b(2)(d) and MCL 750.520n.
We do not retain jurisdiction.
I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
October 3, 2017
d0925
Clerk