June 29, 2004







ADM File No. 2004-15

Amendment of Rule 6.429 
of the Michigan Court Rules
                      

     On order of the Court, the need for immediate action having
been found, the notice requirements are dispensed with and the
following amendment of Rule 6.429 of the Michigan Court Rules is
adopted, effective immediately.  MCR 1.201(D).  The amendment
will be considered at a future public hearing by the Court.  The
notices and agendas for public hearings are posted at
www.courts.michigan.gov/supremecourt.

ICLE Editor's Note:


[Italicized, bracketed text] indicates text that has been
deleted.

Bold text  indicates new text.



Rule 6.429 Correction and Appeal of Sentence

     (A)-(B)   [Unchanged.]

     (C)  Preservation of Issues Concerning [Presentence Report and]
     Sentencing Guidelines Scoring and Information Considered in
     Sentencing.  A party [may] shall not raise on appeal an
     issue challenging [the accuracy of the presentence report or ]the
     scoring of the sentencing guidelines or challenging the accuracy of
     information relied upon in determining a sentence that is within the
     appropriate guidelines sentence range unless the party has raised the issue
     at [or before] sentencing, in a proper motion for resentencing, or
     in a proper motion to remand filed in the court of appeals. [or
     demonstrates that the challenge was brought as soon as the inaccuracy could
     reasonably have been discovered.  Any other challenge may be brought only
     by motion for relief from judgment under subchapter 6.500].       
     
     Weaver, J., states:  I would publish the rule amendment for
comment rather than making it effective immediately.  This
amendment of MCR 6.429(C) conforms the rule to MCL 769.34(10). 
For the reasons set forth in my dissent in People v Kimble, 470
Mich ___ (2004), I would hold that MCL 769.34(10) requires
that defendants preserve alleged errors in scoring of offense
variables and, therefore, would interpret the amended court rule
to similarly require that defendants preserve such errors. 
     
     Cavanagh and Kelly, JJ., state: We would publish the rule amendment for comment rather
than making it effective immediately.
     
     Staff Comment:  The June 29, 2004 amendment of MCR
6.429(C), effective immediately, conformed the rule to MCL
769.34(10) by incorporating the statutory language.
     
     The staff comment is published only for the benefit of the
bench and bar and is not an authoritative construction by the
court.