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PEOPLE OF MI V FREDERICK JEROME MORRIS
State: Michigan
Court: Court of Appeals
Docket No: 291347
Case Date: 06/15/2010
Preview:STATE OF MICHIGAN COURT OF APPEALS

PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee,
V

UNPUBLISHED June 15, 2010

FREDERICK JEROME MORRIS, Defendant-Appellant.

No. 291347 Wayne Circuit Court LC No. 08-018642-FH

Before: METER, P.J., and SERVITTO and BECKERING, JJ. PER CURIAM. Defendant was convicted, following a jury trial, of burning a dwelling house, MCL 750.72. The trial court sentenced defendant to serve seven to 20 years' imprisonment.1 Defendant appeals as of right. We affirm. This appeal has been decided without oral argument pursuant to MCR 7.214(E). I. FACTS The prosecution's lead witness testified that he, defendant, and a third person entered a house in Detroit, Michigan to recover some property defendant claimed was his own. The witness reported that, earlier, while defendant was detained in jail, "the people where he set the house on fire, they broke in his house" and took some of defendant's property. According to the witness, before leaving the house he detected defendant's "pouring gas in the other room," by way of smelling the gasoline and hearing it "squish everywhere." The witness described a small

In his brief on appeal, defendant points out that the trial court imposed a maximum sentence of 180 months (15 years) at the sentence hearing, but the Judgment of Sentence reflects a maximum sentence of 20 years. Defendant requests that the Judgment of Sentence be changed to reflect a 15-year maximum. Defendant failed to present this issue as one of the questions presented, cite case law, or otherwise brief the issue. Thus, the issue is considered abandoned. See Attorney General v Mich Pub Service Comm, 122 Mich App 777, 796; 333 NW2d 131 (1983); MCR 7.212(C)(5). In any event, a defendant's maximum sentence is set by law, see, e.g., MCL 769.8(1), 769.10(2), and 769.11, and because the Judgment of Sentence and Order of Conviction and Sentence accurately reflect the maximum sentence for the crime of arson under MCL 750.72, no remand for resentencing is required.

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plastic container in which defendant kept the gasoline. The witness testified that defendant was the last person to leave the house, and that just before defendant did so, the house was set on fire. This witness admitted that he was testifying pursuant to an agreement whereby he would not be prosecuted in connection with illegally entering the house. That witness's fianc
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