PEOPLE v. KELLY, 474 Mich. 1026 (2006)

708 N.W.2d 416

No. 129732.Supreme Court of Michigan.
January 30, 2006.

Leave to Appeal Denied.

SC: 129732, COA: 263990.

The application for leave to appeal the August 31, 2005, order of the Court of Appeals 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 791.234(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.”