Order Michigan Supreme Court
Lansing, Michigan
January 30, 2006 Clifford W. Taylor,
Chief Justice
129732 Michael F. Cavanagh
Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
PEOPLE OF THE STATE OF MICHIGAN, Robert P. Young, Jr.
Plaintiff-Appellee, Stephen J. Markman,
Justices
v SC: 129732
COA: 263990
Genesee CC: 03-012101-FH
DONALD MICHAEL KELLY,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the August 31, 2005
order of the Court of Appeals is considered, and it is DENIED, because we are not
persuaded that the question presented should be reviewed by this Court. We take this
opportunity to clarify that, although defendant is not entitled to the new sentencing
provisions contained in MCL 333.7401(2)(a)(iii), he is entitled to early parole eligibility
under MCL 769.234(12). Defendant committed his offense before March 1, 2003, and
that statute grants early parole eligibility to persons convicted of “violating or conspiring
to violate section 7401(2)(a)(iii) . . . before March 1, 2003.”
I, Corbin R. Davis, 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.
January 30, 2006 _________________________________________
s0123 Clerk