Legal Question in Criminal Law in Michigan
Transcripts v.s. Court order for sentencing
my husband has been sentenced for habitual offender on the court order for sentencing but it was not in his transcripts.If it is not on his transcripts that would mean that the court order for sentencing is false. is this true?
1 Answer from Attorneys
Re: Transcripts v.s. Court order for sentencing
I don't quite know what you mean by "on his transcripts". A transcript is a typed up version of what was said in court. Do you mean something else (like his criminal record, or the pre-sentence report, or the police report of the crime)?
If he had a prior felony conviction, and a "habitual notice" was properly and timely filed by the prosecutor, listing his prior felony conviction(s), then he may have been properly sentenced as a "habitual".
If he was never previously convicted of a felony (or high-court misdemeanor), then he should not have had his current sentenced enhanced as being a habitual offender. If that is the case, contact his attorney. He may be able to file a motion for relief from judgment to correct that error.
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