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91 Mich. App. 82

283 N.W.2d 658

People v. Triplett

Michigan Court of Appeals

Decided July 9, 1979

Michigan Court of Appeals · decided 1979-07-09

Decided 1979-07-09

N. J. Kaufman, P.J.

¶1(dissenting). I would remand for resentencing and direct the trial judge to secure an updated presentence report prior to resentencing. The majority accurately state my reasoning when they say:

"The sentencing court should make every effort to individualize sentences in order to further the goal of rehabilitation. In this regard a defendant’s conduct while in prison may shed considerable light on the prospect of rehabilitation. An updated presentence report which includes prison conduct would describe the defendant’s most recent behavior and would be a valuable tool in resentencing. Such a procedure would not be a burden on the probation department since records are kept at prison which could easily be made available.”

¶2Our Supreme court made a similar statement in People v McFarlin, 389 Mich 557, 574; 208 NW2d 504 (1973):

"The modern view of sentencing is that the sentence should be tailored to the particular circumstances of *89the case and the offender in an effort to balance both society’s need for protection and its interest in maximizing the offender’s rehabilitative potential. While the resources allocated for rehabilitation may be inadequate and some persons question whether rehabilitation can be achieved in the prison setting, this view of sentencing is the present policy of the state. A judge needs complete information to set a proper individualized sentence.”

¶3I would also direct the resentencing judge to give defense counsel an opportunity to review the updated report and discuss it with defendant. After discussing the report, both defense counsel and the defendant should be given an opportunity for allocution. GCR 1963, 785.12; see also Judge Bashara’s dissent in People v Horace Williams, 77 Mich App 402, 406; 258 NW2d 737 (1977), rem’d 402 Mich 950j (1978).

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