Sentencing; Scope of remand; Challenge to the imposition of lifetime electronic monitoring (LEM); Effect of vacating a sentence & remanding for resentencing; People v Rosenberg

In an order in lieu of granting leave to appeal, the court reversed the Court of Appeals judgment (see e-Journal # 77271 in the 4/26/22 edition) that declined to address defendant’s challenges to the trial court’s imposition of LEM in his resentencing as beyond the scope of its prior remand. The court noted that on his “first appeal, the Court of Appeals did not merely remand to the trial court with instructions to correct a scoring error for Offense Variable 7; rather, it vacated the original sentence and remanded for resentencing. By vacating the defendant’s original sentence and remanding for resentencing, ‘the case was before the trial court in a presentence posture, allowing for objection to any part of the new sentence.’” As a result, when the trial court reimposed LEM on resentencing, “defendant was free to raise his challenges to this part of the sentence on an appeal of right.” The court remanded the case to the Court of Appeals to consider his issues challenging the imposition of LEM.