Order Michigan Supreme Court
Lansing, Michigan
June 28, 2011 Robert P. Young, Jr.,
Chief Justice
142722 Michael F. Cavanagh
Marilyn Kelly
Stephen J. Markman
Diane M. Hathaway
Mary Beth Kelly
PEOPLE OF THE STATE OF MICHIGAN, Brian K. Zahra,
Plaintiff-Appellee, Justices
v SC: 142722
COA: 301476
BENJAMIN DANIEL SHERMAN II, Lapeer CC: 09-010178-FH
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the January 14, 2011
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 Lapeer Circuit Court for
amendment of the Presentence Investigation Report. The defendant challenged certain
statements in the Presentence Investigation Report at sentencing and in a motion to
correct his sentence. The sentencing judge stated on the record that he did not take the
challenged information into account in sentencing, but he did not direct the probation
officer to correct or delete the information from the Presentence Investigation Report as
required by MCR 6.425(E)(2)(a). The circuit court is further ORDERED to ensure that
the amended Presentence Investigation Report is transmitted to the Department of
Corrections. 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.
ZAHRA, J., did not participate because he was on the Court of Appeals panel.
I, Corbin R. Davis, 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.
June 28, 2011 _________________________________________
h0620 Clerk