August 6, 2019, at Grand Rapids.
[Copyrighted Material Omitted]
Circuit Court LC No. 93-000075-FC
Douglas R. Lloyd, Prosecuting Attorney, and Brent E. Morton,
Senior Assistant Prosecuting Attorney, for the people.
Grant in propria persona.
Gadola, P.J., and Markey and Ronayne Krause, JJ.
appeals as on leave granted the circuit court's order
denying his motion for written approval to make him eligible
for early parole under MCL 769.12(4). The court had also
previously rejected a request from the Parole Board to grant
defendant early parole. We reverse and remand for further
context to our discussion of the factual and procedural
history of the case, we begin with a brief overview of the
law implicated in this matter. MCL 769.12 addresses
fourth-offense habitual offenders such as defendant, and this
appeal concerns the construction of Subsection (4) of the
statute, which provides:
defendant committed the crimes before December 15, 1998, he
is not a "prisoner subject to disciplinary time."
MCL 791.233c ("As used in this act, `prisoner subject to
disciplinary time' means that term as defined in ...
[MCL] 800.34[.]"); MCL 800.34(5)(a) (A "prisoner
subject to disciplinary time" encompasses prisoners
sentenced to indeterminate terms of imprisonment for
enumerated "crimes committed on or after December 15,
1998[.]"); Hayes v. Parole Bd., 312 Mich.App.
774, 779 n. 1, 886 N.W.2d 725 (2015). Accordingly, Subsection
(4)(a) of MCL 769.12 governs, as opposed to Subsection
turn to the facts of the case. In 1993, defendant was
convicted by a jury of bank robbery, MCL 750.531; conspiracy
to commit bank robbery, MCL 750.157a and MCL 750.531; and
possession of a firearm during the commission of a felony
(felony-firearm), MCL 750.227b. He was sentenced as a
fourth-offense habitual offender, MCL 769.12, to concurrent
prison terms of 27 to 50 years for the bank robbery and
conspiracy convictions, preceded by a consecutive two-year
sentence for the felony-firearm conviction. And those three
sentences were to be served consecutively to a sentence that
defendant was already serving. Defendant's convictions
and sentences were affirmed by this Court on appeal.
People v. Grant, unpublished per curiam opinion of
the Court of Appeals, issued February 14, 1997 (Docket No.
167327), 1997 WL 33354337. Our Supreme Court then denied
defendant's application for leave to appeal. People
v. Grant, 456 Mich. 954, 577 N.W.2d 687 (1998).
"calendar minimum date" for defendant's release
from prison is June 30, 2022; however, his "net minimum
date" for release— defendant's calendar
minimum date less disciplinary credits— was December
31, 2017. Accordingly, in December 2017, subject
to the "written approval" prerequisite, defendant
became eligible for parole under MCL 791.233(1)(b) and MCL
791.233b(m) and (x). And the Parole ...