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PEOPLE OF MI V LEONARD BERTRUM CARTER
State: Michigan
Court: Court of Appeals
Docket No: 290493
Case Date: 05/18/2010
Preview:STATE OF MICHIGAN COURT OF APPEALS

PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v LEONARD BERTRUM CARTER, Defendant-Appellant.

UNPUBLISHED May 18, 2010

No. 290493 Oakland Circuit Court LC No. 2008-218993-FC

Before: METER, P.J., and MURRAY and BECKERING, JJ. PER CURIAM. Defendant appeals as of right his jury trial convictions for two counts of first-degree premeditated murder, MCL 750.316(1)(a), and two counts of first-degree felony murder, MCL 750.316(1)(b). Defendant was sentenced to natural life in prison without parole for each of the four convictions. We affirm, but remand for amendment of the Judgment of Sentence. Defendant first argues on appeal that he received ineffective assistance of counsel. "The determination whether a defendant has been denied the effective assistance of counsel is a mixed question of fact and constitutional law. Findings on questions of fact are reviewed for clear error, while rulings on questions of constitutional law are reviewed de novo." People v Seals, 285 Mich App 1, 17; 776 NW2d 314 (2009) (internal citation omitted). "[B]ecause the trial court did not hold an evidentiary hearing . . . review is limited to the facts on the record." People v Wilson, 242 Mich App 350, 352; 619 NW2d 413 (2000). "An accused's right to counsel encompasses the right to the `effective' assistance of counsel." People v Cline, 276 Mich App 634, 637; 741 NW2d 563 (2007), citing US Const Am VI, Const 1963, art 1,
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