The Michigan Supreme Court has decided not to hear an appeal regarding a Court of Appeals ruling in the case of a Waldron man who is currently serving a prison sentence for burglarizing CJ’s Party Store in Mosherville in 2022.
Derrick Nathanial Mosby, 38, received a prison sentence of 23 months to 10 years on Feb. 6, 2023, in the 1st Judicial Circuit Court. This came after he pleaded guilty to three counts of breaking and entering a building with the intent to commit larceny in December 2022.
Mosby pleaded guilty to three counts of burglary in connection with the break-ins at CJ’s Party Store in Mosherville. The burglaries occurred between October 17 and October 27, 2022. During the incidents, Mosby stole cash, lottery tickets, and tobacco products.
On December 12, 2022, Mosby willingly entered into a plea bargain. Despite having a previous felony conviction for resisting arrest, which could have increased his sentence, the Hillsdale County Prosecutor’s Office chose not to pursue him as a habitual offender.
Mosby sought help from the State Appellate Defender Office to rectify an invalid sentence. However, on August 7, 2023, Judge Sara S. Lisznyai denied his motion.
On November 17, 2023, Mosby sought relief from the Court of Appeals, only to have his request for leave to appeal denied.
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The Michigan Supreme Court chose not to consider Mosby’s recent appeal on April 29th, stating that they were not convinced that the issues raised warranted a review by the court.
According to the Michigan Department of Corrections Offender Tracking Information System, Mosby will be eligible for release on September 25, 2032, and his maximum discharge date is October 25, 2032.
Mosby has been ordered to pay over $6,000 in restitution to CJ’s Party Store, in addition to serving his prison sentence.
