THE CODE OF CRIMINAL PROCEDURE
Act 175 of 1927
769.1h Consecutive or concurrent sentence.
Sec. 1h.
(1) A judgment of sentence committing an individual to the jurisdiction of the department of corrections shall specify whether the sentence is to run consecutively to or concurrently with any other sentence the defendant is or will be serving, as provided by law.
(2) Upon sentencing a defendant, the court shall provide a copy of the judgment of sentence to the prosecuting attorney, the defendant, and the defendant's counsel.
(3) The prosecuting attorney or the defendant's counsel, or the defendant if he or she is not represented, may file an objection to the judgment of sentence on the issue of whether the sentence is to run consecutively to or concurrent with any other sentence the defendant is or will be serving. The court shall promptly hold a hearing on any objection filed. The procedure for reviewing a judgment of sentence provided in this subsection is in addition to any other review procedure authorized by statute or court rule.
History: Add. 2000, Act 220, Eff. Oct. 1, 2000
Notes of Decisions
Cited in
7
cases (
1 in the last 5 years), 2013–2025 · leading case:
People v. Howell, 834 N.W.2d 923 (Mich. Ct. App. 2013).
People v. Howell, 834 N.W.2d 923 (Mich. Ct. App. 2013).
“” 15 MCL 769.1h(1) requires the trial court to specify whether a defendant’s sentence is concurrent with or consecutive to any other sentence that the defendant is, or will be, serving.”
People of Michigan v. Demetrise Cortez Rainge (Mich. Ct. App. 2017).
· cites it 2× “1h(1) provides: “A judgment of sentence committing an individual to the jurisdiction of the department of corrections shall specify whether the sentence is to run consecutively to or concurrently with any other sentence the defendant is or will be serving, as provided by law.”…”
People of Michigan v. Demetrise Cortez Rainge (Mich. Ct. App. 2017).
· cites it 2× “1h(1) provides: “A judgment of sentence committing an individual to the jurisdiction of the department of corrections shall specify whether the sentence is to run consecutively to or concurrently with any other sentence the defendant is or will be serving, as provided by law.”…”
People of Michigan v. Daniel Horacek (Mich. Ct. App. 2017).
“1h provides that judgments of sentence that commit a defendant to the Department of Corrections “shall specify whether the sentence is to run consecutively to or concurrently with any other sentence the defendant is or will be serving, as provided by law.”
People of Michigan v. Daniel Horacek (Mich. Ct. App. 2017).
“1h provides that judgments of sentence that commit a defendant to the Department of Corrections “shall specify whether the sentence is to run consecutively to or concurrently with any other sentence the defendant is or will be serving, as provided by law.”
People of Michigan v. Marquise Deshanne Hardin (Mich. Ct. App. 2015).
“Also of relevance to the discussion, MCL 769.1h(1) requires the trial court to specify whether a defendant’s sentence is concurrent with or consecutive to any other sentence that the defendant is, or will be serving.”
— Mich. Comp. Laws § 769.1h(1) — 5 cases
People v. Howell, 834 N.W.2d 923 (Mich. Ct. App. 2013).
“” 15 MCL 769.1h(1) requires the trial court to specify whether a defendant’s sentence is concurrent with or consecutive to any other sentence that the defendant is, or will be, serving.”
People of Michigan v. Demetrise Cortez Rainge (Mich. Ct. App. 2017).
“1h(1) provides: “A judgment of sentence committing an individual to the jurisdiction of the department of corrections shall specify whether the sentence is to run consecutively to or concurrently with any other sentence the defendant is or will be serving, as provided by law.”…”
People of Michigan v. Demetrise Cortez Rainge (Mich. Ct. App. 2017).
“1h(1) provides: “A judgment of sentence committing an individual to the jurisdiction of the department of corrections shall specify whether the sentence is to run consecutively to or concurrently with any other sentence the defendant is or will be serving, as provided by law.”…”
People of Michigan v. Marquise Deshanne Hardin (Mich. Ct. App. 2015).
“Also of relevance to the discussion, MCL 769.1h(1) requires the trial court to specify whether a defendant’s sentence is concurrent with or consecutive to any other sentence that the defendant is, or will be serving.”
— Mich. Comp. Laws § 769.1h(3) — 2 cases
People of Michigan v. Demetrise Cortez Rainge (Mich. Ct. App. 2017).
“1h(1) provides: “A judgment of sentence committing an individual to the jurisdiction of the department of corrections shall specify whether the sentence is to run consecutively to or concurrently with any other sentence the defendant is or will be serving, as provided by law.”…”
People of Michigan v. Demetrise Cortez Rainge (Mich. Ct. App. 2017).
“1h(1) provides: “A judgment of sentence committing an individual to the jurisdiction of the department of corrections shall specify whether the sentence is to run consecutively to or concurrently with any other sentence the defendant is or will be serving, as provided by law.”…”
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