Does MCL 769.34(10) violate the defendant's constitutional right to due process and right to appeal?
No question identified. : QUESTION[S] PRESENTED I. DOES MCL 769.3410) VIOLATE THE DEFENDANTS CONSTITUTIONAL RIGHT TO DUE PROCESS AS GUARANTEED BY THE SIXTH AND FOURTEENTH AMENDMENTS TO THE UNITED STATES CONSTITUTION AND THE DEFENDANTS CONSTITUTIONAL RIGHT TO APPEAL UNDER THE MICHIGAN CONSTITUTION? Petitioner answers “yes” The State answered “no” IL. DID THE TRIAL COURT ABUSE ITS DISCRETION AT THE SENTENCING PHASE WHEN IT CONSIDERED ALLEGATIONS OR UNADJUDICATED CRIMINAL BEHAVIOR INTO A DETERMINATION THAT AN ENHANCED SENTENCE NEARLY TRIPLING A PREVIOUS PLEA AGREEMENT WAS REASONABLE AND PROPORTIONATE? Petitioner answers “yes” The State answered “no” Ill. Did the admissions of the unadjudicated criminal behavior violate Petitioners constitution right to be confronted with all the witnesses as well as his right to due process that starts with a presumption of innocence? Petitioner answers “yes” The State answered “no” . .