Michigan Supreme Court declines appeal in CJ’s Party Store burglaries

HILLSDALE — Michigan’s Supreme Court has opted not to entertain an appeal of a Court of Appeals decision in the case of a Waldron man serving a prison term for burglarizing CJ’s Party Store in Mosherville in 2022.

Derrick Nathanial Mosby, 38, was sentenced to 23 months to 10 years in prison on Feb. 6, 2023, in the 1st Judicial Circuit Court after pleading guilty to three counts of breaking and entering a building with intent to commit larceny in December 2022.

According to court records, Mosby’s conviction by plea bargain stemmed from three separate burglaries of CJ’s Party Store in Mosherville between Oct. 17 and Oct. 27, 2022, where he stole cash, lottery tickets and tobacco products.

Mosby entered into a plea bargain willfully on Dec. 12, 2022, and the Hillsdale County Prosecutor’s Office did not pursue him as a habitual offender, even though he had a prior felony conviction for resisting arrest, which could have enhanced his sentence.

Still, Mosby filed a motion with the assistance of the State Appellate Defender Office to "correct an invalid sentence." On Aug. 7, 2023, Judge Sara S. Lisznyai denied his motion.

Mosby turned to the Court of Appeals — who, on Nov. 17, 2023, denied his leave to appeal.

Subscribe Now: For all the latest local developments, breaking news and high school sports content.

The Michigan Supreme Court opted not to entertain Mosby’s latest attempt to appeal on April 29, “because we are not persuaded that the questions presented should be reviewed by this court.”

Mosby becomes eligible for release on Sept. 25 with a maximum discharge date of Oct. 25, 2032, according to the Michigan Department of Corrections Offender Tracking Information System.

In addition to his prison sentence, Mosby has been ordered to pay over $6,000 in restitution to CJ’s Party Store.

— Contact Reporter Corey Murray at cmurray@hillsdale.net or follow him on X, formerly Twitter: @cmurrayHDN.

This article originally appeared on Hillsdale Daily News: Michigan Supreme Court declines appeal in CJ’s Party Store burglaries