People v. Ward

M. J. Kelly, P.J.

(concurring). In People v Harman, 124 Mich App 93, 101; 333 NW2d 591 (1983), lv den 417 Mich 1100.45 (1983), I expressed the opinion that the mandatory life sentence provided for conviction of possession of 650 grams or more of a mixture containing cocaine constitutes cruel and/or unusual punishment in violation of the United States and Michigan Constitutions (US Const, Am VIII; Const 1963, art 1, § 16). I have not changed my mind, but the Supreme Court has denied leave in that case, so the lone voice crying in the wilderness has been silenced.

Although the Supreme Court is not completely clear on the effect of its denial of an application to appeal a Court of Appeals decision, cf. Tebo v Havlik, 418 Mich 350; 343 NW2d 181 (1984). I conclude there is little sentiment for my view.

I therefore concur in the result.