People v. Harris

In People v. Harris, 224 Mich App 597; 569 NW2d 525 (1997) the defendant was convicted of possession of cocaine under the name Chris Thomas. Id. at 598. The court later discovered that defendant was not Chris Thomas, but an escaped felon subject to consecutive sentencing. Id. The court resentenced defendant on the prosecution's motion. Id. at 599. The Court ruled that the inaccurate information regarding defendant's identity made the earlier sentence invalid and permitted resentencing. Id. at 600. While the court did not refer to this as a mistake of fact, that is the nature of the inaccuracy.