Order Michigan Supreme Court
Lansing, Michigan
October 23, 2013 Robert P. Young, Jr.,
Chief Justice
Michael F. Cavanagh
Stephen J. Markman
147084 Mary Beth Kelly
Brian K. Zahra
Bridget M. McCormack
David F. Viviano,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellee,
v SC: 147084
COA: 314596
Macomb CC: 12-001103-FH
CARLOS ARISTA DE LA ROSA,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the March 20, 2013 order
of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of
granting leave to appeal, we REMAND this case to the Macomb Circuit Court for it to
correct the judgment of sentence by striking the language prohibiting the defendant’s
deportation until he serves 17.5 years. Although the defendant is not currently eligible
for early parole and deportation pursuant to MCL 791.234b, the language of the statute is
mandatory, and a sentencing judge may not prevent application of the statute if a
defendant eventually becomes eligible.
I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
October 23, 2013
d1016
Clerk
People of Michigan v. Carlos Arista De La Rosa
Combined Opinion