People of Michigan v. Thomas Tyrone Carter, 368193

Defendant Thomas Tyrone Carter was convicted in 2011 of kidnapping, first-degree criminal sexual conduct (CSC-I), and second-degree criminal sexual conduct (CSC-II) for a 2008 incident involving a 16-year-old victim.
The original sentence did not include mandatory lifetime electronic monitoring (LEM) as required by statute for CSC-I convictions.
In 2022, the Department of Corrections identified the omission, and Carter himself moved to have LEM added to his sentence.
The trial court amended the judgment in 2023 to include LEM and held a resentencing hearing, resulting in a second amended judgment affirming the sentence with LEM.
Carter, now represented by counsel and also in propria persona, appealed, arguing the court lacked authority to amend his sentence, raised ex post facto and due process issues, claimed ineffective assistance of counsel, and alleged guideline scoring errors.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Authority to Amend Sentence	LEM is mandatory and must be added.	Amendment outside 6 months not permitted.	Amendment valid because defendant moved for it, and timing rule did not apply.
Ex Post Facto Application	LEM statutes effective before sentencing.	Applying LEM post-Comer is retroactive punishment.	No ex post facto violation; LEM statutes already in effect at the time.
Ineffective Assistance of Counsel	N/A	Counsel failed to advise re: LEM, guidelines max.	No prejudice; defendant would not have taken plea regardless.
Guideline Calculation Error	OV scoring was accurate per presentence report.	OV total miscalculated, affecting sentencing.	No error; defendant later resentenced using correct calculations.

People v. Comer, 500 Mich 278 (Mich. 2017) (holding LEM is mandatory for all CSC-I sentences in which the defendant is not sentenced to life without parole)
People v. Hardy, 494 Mich 430 (Mich. 2013) (standard of review for factual findings at sentencing)
People v. Francisco, 474 Mich 82 (Mich. 2006) (defendant is entitled to accurate information at sentencing)
People v. Carines, 460 Mich 750 (Mich. 1999) (plain error standard for unpreserved constitutional arguments)