Order Michigan Supreme Court
Lansing, Michigan
November 29, 2017 Stephen J. Markman,
Chief Justice
Brian K. Zahra
Bridget M. McCormack
152938 David F. Viviano
Richard H. Bernstein
Kurtis T. Wilder
Elizabeth T. Clement,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellee,
v SC: 152938
COA: 329137
Macomb CC: 2014-001759-FH
MARY ELLEN WARRICK,
Defendant-Appellant.
____________________________________/
By order of May 24, 2016, the application for leave to appeal the November 12,
2015 order of the Court of Appeals was held in abeyance pending the decision in People
v Comer (Docket No. 152713). On order of the Court, the case having been decided on
June 23, 2017, 500 Mich 278 (2017), the application is again considered and, pursuant to
MCR 7.305(H)(1), in lieu of granting leave to appeal, we VACATE the March 5, 2015
amended judgment of sentence, and we REMAND this case to the Macomb Circuit Court
to reinstate the February 12, 2015 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 to add a provision for consecutive sentencing under MCL 768.7a(2).
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.
CLEMENT, J., did not participate.
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.
November 29, 2017
a1120
Clerk