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STATE OF MICHIGAN COURT OF APPEALS

PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v TYRONE MARVIN BRANDON, Defendant-Appellant.

UNPUBLISHED April 26, 2011

No. 297093 Wayne Circuit Court LC No. 07-012121-FC

Before: BECKERING, P.J., and WHITBECK and M. J. KELLY, JJ. PER CURIAM. Defendant Tyrone Marvin Brandon appeals as of right his sentences on resentencing for armed robbery, MCL 750.529, possession of a firearm by a felon, MCL 750.224f, and possession of a firearm during the commission of a felony (felony-firearm), MCL 750.227b. On appeal, defendant argues that the trial court did not have the authority to adjust his maximum sentence upward and asks this Court to order the correction of his Pre-Sentence Investigation Report (PSIR). We conclude that defendant's claim that the trial court erred when it amended his judgment of sentence is moot, but that he is entitled to have his PSIR corrected. For that reason, we affirm his judgment of sentence, but remand for further proceedings. The trial court initially sentenced defendant to concurrent prison terms of 11 to 15 years for the armed robbery conviction and two to five years for the felon in possession conviction, which were to be served consecutive to a two-year term for the felony-firearm conviction. This Court affirmed defendant's convictions and sentences but remanded for correction of his presentence report.1 When defendant appeared for resentencing, his counsel argued that defendant's original sentence to serve 11 to 15 years for the armed robbery conviction violated the two-thirds rule stated in People v Tanner, 387 Mich 683, 689-690; 199 NW2d 202 (1972). The trial court amended defendant's sentence for robbery to 11 to 16

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