6.20Motion to Correct Invalid Sentence
MCR 6.429 governs the correction of sentences. Generally, a court may correct an invalid sentence but may not modify a valid sentence except as provided by law. See MCR 6.429(A).
The Court of Appeals ordered resentencing to remove a condition that “broadly prohibit[ed] contact with all individuals outside of prison, with the sole exception of legal counsel[.]” People v Lafey, ___ Mich App ___, ___(2024). “‘A judge of a court having jurisdiction may pronounce judgment against and pass sentence upon a person convicted of an offense in that court. The sentence shall not exceed the sentence prescribed by law.’” Lafey, ___ Mich App at ___, quoting MCL 769.1(1). While courts “possess[] statutory authority to impose a limited no-contact order in certain circumstances,” there is no “broad statute prohibiting contact to the entire world, excluding an attorney, outside of the confines of the four walls of a prison.” Id. at ___ n 11. See MCL 771.3(3).
For a detailed discussion of this issue, see the Michigan Judicial Institute’s Criminal Proceedings Benchbook, Vol. 3, Chapter 1. See also see the Michigan Judicial Institute’s Motion to Correct an Invalid Sentence Checklist.