People of Michigan v. Cory Lee Souders ( 2017 )

Order Michigan Supreme Court
Lansing, Michigan
November 16, 2017 Stephen J. Markman,
Chief Justice
151587 Brian K. Zahra
Bridget M. McCormack
David F. Viviano
Richard H. Bernstein
Kurtis T. Wilder,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellee,
v SC: 151587
COA: 324817
Kent CC: 08-006820-FC
CORY LEE SOUDERS,
Defendant-Appellant.
_________________________________________/
By order of September 27, 2016, the application for leave to appeal the March 25,
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. Pursuant to
MCR 7.305(H)(1), in lieu of granting leave to appeal, we VACATE the October 20, 2014
order of the Kent Circuit Court revoking the amended judgment of sentence, and we
REMAND this case to the trial court to reinstate the September 15, 2014 amended
judgment of sentence. Any error in the entry of that judgment of sentence was
substantive, not clerical. Therefore, the trial court did not have authority to revoke that
judgment of sentence on its own initiative after entry. Comer, supra. 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.
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.
November 16, 2017
t1115
Clerk