Order Michigan Supreme Court
Lansing, Michigan
March 28, 2007 Clifford W. Taylor,
Chief Justice
131949 Michael F. Cavanagh
Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
PEOPLE OF THE STATE OF MICHIGAN, Robert P. Young, Jr.
Plaintiff-Appellee, Stephen J. Markman,
Justices
v SC: 131949
COA: 261132
Wayne CC: 04-010419-01
ANTHONY JAKE HATCHETT,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the July 11, 2006
judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(G)(1), in
lieu of granting leave to appeal, we REVERSE in part the judgment of the Court of
Appeals, we VACATE the sentence of the Wayne Circuit Court, and we REMAND this
case to the trial court for resentencing. The court plainly erred in considering the
defendant’s continuing claim of actual innocence. A court cannot base its sentence even
in part on a defendant’s refusal to admit guilt. People v Yennior, 399 Mich 892 (1977).
In all other respects, leave to appeal is DENIED, because we are not persuaded that the
remaining questions presented should be reviewed by this Court.
We do not retain jurisdiction.
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.
March 28, 2007 _________________________________________
s0321 Clerk