People of Michigan v. Steven Mark Harris

Opinion

Order Michigan Supreme Court Lansing, Michigan

April 23, 2008 Clifford W. Taylor, Chief Justice

135272 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: 135272 COA: 280100 Kent CC: 04-005983-FH STEVEN MARK HARRIS, Defendant-Appellant.

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On order of the Court, the application for leave to appeal the October 4, 2007 order of the Court of Appeals is considered. We DIRECT the Kent County Prosecuting Attorney to answer the application for leave to appeal within 28 days after the date of this order. The prosecutor shall address the following issues: (1) whether the Michigan Department of Corrections (MDOC) has the authority to “cancel” defendant’s discharge from parole; and (2) whether the trial court erred by sua sponte amending a judgment of sentence, which was valid when entered, based on the MDOC’s “cancellation” of defendant’s parole discharge.

The application for leave to appeal remains pending.

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. April 23, 2008 _________________________________________ s0416 Clerk