People V. Smith Case Brief

The legal action before the court is a case that describes conflict with the People v. Smith concerning the laws that expunge a young offender’s juvenile criminal record. The defendant was charged with unlawful entry onto property and with being a repeat offender of offenses that are in violation and punishable by law. It was determined by the court that Smith is a habitual offender and he received a sentence of imprisonment. Point in fact is the defendant made a guilty plea to charges of breaking and entering and being a repeat offender by his own admission. Smith’s attorney stated the ruling was put in place to protect the people living in society and to be an example in order to discourage others from perpetrating the same kind of illegal or dishonest behavior. “The question presented is whether the inclusion in the presentence investigation report of the expunged juvenile record of defendant Ricky Franklin Smith requires, under MCR 5.913 , now MCR 5.925 (E), that he be resentenced” (People v. Smith, 1991). The nature of the action is misconduct and delinquency of Smith as a minor and adult. Smith used his right to appeal his sentence in an attempt to avoid a criminal conviction of incarceration. An argument was presented to the Court of Appeals requesting that the decision in his case be looked at again because the

The appeals court responded to the question about the presentence investigation report by vacating Smith’s sentence and remand for resentencing for the decision as to what punishment is to be imposed. Compliance with the law in some states certain juvenile records provide for automatic expungement. In Smith’s case the Court of Appeals affirmed his conviction. However the decision of the sentencing judge implemented that the punishment would be carried out at the same time as another sentence Smith was already