People of Michigan v. Victor Peery

927 N.W.2d 256, 503 Mich. 1039

Opinion

On order of the Court, the application for leave to appeal the August 1, 2018 order of the Court of Appeals is considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we REMAND this case to the Court of Appeals for consideration, as on leave granted, of whether MCL 768.7a authorized the trial court to require the sentences in this case to run consecutively with the defendant's sentence for violating probation in an earlier case. On remand, the Court of Appeals shall address: (1) whether the definition of "prison" found in MCL 750.193(2) controls whether a facility is a "penal or reformatory institution" for purposes of MCL 768.7a(1), even though the two statutes appear in different codes, compare People v. Johnson , 96 Mich.App. 84 , 86-88, 292 N.W.2d 489 (1980), and People v. Parker , 319 Mich.App. 410 , 901 N.W.2d 632 (2017), with People v. Washington , 501 Mich. 342 , 357, 916 N.W.2d 477 (2018) ; (2) if so, whether the Kalamazoo Probation Enhancement Program (KPEP) falls within that definition of "prison"; and (3) if not, whether the Legislature intended for a program like KPEP to be treated as a "penal or reformatory institution" for purposes of MCL 768.7a. In all other respects, leave to appeal is DENIED, because we are not persuaded that the remaining question presented should be reviewed by this Court.