Appellee, duly convicted in the Berrien circuit of the crime of robbery armed, was sentenced April 27, 1953. The sentence was imposed by the late Circuit Judge Edward A. Wеstin, and it reads in entirety as follows:
“Willis Parson the respondent in this cause, having upon his plea of guilty to the information filed against him in this court, been convicted of the crime •of robbery armed as appears by the record thereof; and the court before pronouncing sentence upon such plea, being satisfied after such investigation as was deemed necessary for that purpose, resрecting the nature of the case and the circumstances of such plea, that the same was made freely and with full knowledge of the nature of said accusation and without any undue influence; and, having been on motion of the proseсuting attorney brought to the bar of the •court for sentence, and having there been asked by the court if he had anything to say why sentence should not be pronounced against him, and alleging no reason to the contrary; therefore it is ordered and adjudged by the court now here, that the said Willis Parson be confined in the State prison of southern Michigan for a maximum period of life, and a minimum period of 15 years, and 0 months, and the court recommends-years and-months as a reasonable maximum sentencе, from and including this day.”
*729 September 30,1955, Circuit Judge Philip A. Had-sell, of the same circuit, entered an order adjudging invalidity of Judge Westin’s sentence. The order reads:
“Respondent’s mоtion for leave to file a delayed motion for resentence because of an invalid sentence and respondent’s motion for resentence because of an invalid sentence having been filed and come on in due course to be heard.
“Respondent’s motion for leave to file a delayed mоtion is hereby granted, and,
“Respondent’s motion for resentence because of an invalid sentence having come on in due course to be heard, prеsent the respondent in proper person and the people of thе State of Michigan by the prosecuting attorney for Berrien county, John H. Spelmаn, said prosecuting attorney having interposed his objections to the granting of said motion and the court being duly advised in the premises.
“It is hereby found that respondent’s sеntence heretofore entered in this court on April 27, 1953, that respondent be confined in the State prison of southern Michigan for a minimum period of 15 years and а maximum period of life is invalid.
“It is hereby ordered, that said sentence be and said sentence hereby is set aside, and,
“It is further ordered, that respondent Willis Parson be rеsentenced.”
Appellee was thereupon resentenced by Judge Hadsell to a minimum term of 15 years and a maximum term of 20 years.
The people duly applied for leave to appeal from the last-quoted order. January 6th, and with particular view toward
Elliott
v.
Corrections Department,
*730 Judge Westin lawfully imposed a life sentence on appellee. Having done so the quoted additional words of his sentence must under the rule of Elliott and Smith be regarded as surplusage, of concern and intеrest only to the executive department. We accordingly hold that the judgment оf April 27, 1953, constituted a valid life sentence and that there was no occasion or authority for correction thereof.
The Elliott Case settled considerable uncertаinty in our circuit courts as to interpretation and validity of similarly worded sentences in felony cases require ing severe punishment. It is fair to obserye that, prior to report of the Elliott Case, several circuit judges of this State (one being the writer) held to the same view as is recorded in Judge Hadsell’s quoted order. However, the intervening and сarefully considered opinion in Elliott’s Case being now of record, we of such former thought should and will cheerfully conform thereto. , ;
The order and new sentence of September 30,1955, are set aside and the sentence,of April 27, 1953, is declared to be fully effective.
Reversed and remanded;