QUESTION
I would like to know what this statement means and what happens now.
Asked on Mar 22nd, 2013 on Felonies - Michigan
More details to this question:
Defendant's conviction on the CSC II Count 4 is affirmed; his conviction and sentence on the uncharged CSC II "Count 5" are vacated, and the matter is remanded for resentencing on the remaining CSC II count. We do not retain jurisdiction.
1 ANSWER
Criminal Defense Attorney serving Williamston, MI
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Law Office of Robert G. Fleming
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It appears from your question that the Defendant was tried on multiple counts of CSC. Those convictions were appealed to the Court of Appeals. The Court of Appeals upheld one of Defendant's convictions (count 4) for CSC II but reversed the conviction on the other charge that was appealed, apparently because it was not properly charged.
Since the Defendant is now guilty of one less charge than he was originally sentenced on, the Court of Appeals remanded the matter to the trial court to determine if the sentence needed to be changed or modified in any way due to their decision.
Answered on Mar 25th, 2013 at 12:36 PM