People of Michigan v. Anthony Wilkins ( 2017 )

Order Michigan Supreme Court
Lansing, Michigan
May 24, 2017 Stephen J. Markman,
Chief Justice
155688 & (12) Brian K. Zahra
Bridget M. McCormack
David F. Viviano
Richard H. Bernstein
PEOPLE OF THE STATE OF MICHIGAN, Joan L. Larsen
Plaintiff-Appellee, Kurtis T. Wilder,
Justices
v SC: 155688
COA: 337397
Kent CC: 16-002285-FH;
ANTHONY WILKINS, 16-002288-FH
Defendant-Appellant.
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On order of the Court, the motion for immediate consideration is GRANTED.
The application for leave to appeal the April 21, 2017 order of the Court of Appeals is
considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we
VACATE the February 24, 2017 orders of the Kent Circuit Court denying the
defendant’s motion for reduction of his jail sentence, and we REMAND this case to the
circuit court for reconsideration of the motion. Pursuant to MCL 801.257, “a county jail
prisoner may receive, if approved by the court, a reduction of one-fourth of his term if his
conduct, diligence, and general attitude merit such reduction.” Kent County Prosecutor v
Kent County Sheriff, 425 Mich. 718, 736 n 25 (1986). This statute does apply to the
defendant, who is a county jail prisoner. The statute’s application is not limited to
prisoners who have already requested and been granted work release pursuant to other
sections of the day parole act. On remand, the trial court shall consider whether to grant
the requested relief and issue a ruling within 14 days of the date of this order.
We do not retain jurisdiction.
MARKMAN, C.J. I would deny leave to appeal. Although MCL 801.257 does not
expressly state its exclusive application to “day parolees,” the “day parole of prisoners”
act of 1962, MCL 801.251 et seq., of which MCL 801.257 is a part, contained a total of
eight sections and each of its seven other sections pertains only to “day parolees.” 1962
PA 60. From this context, I conclude that § 7 of the act, MCL 801.257, is similarly
focused.
I, Larry S. Royster, 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.
May 24, 2017
d0516
Clerk