Opinion
No. 104850.
November 5, 1996.
Leave to Appeal Denied November 5, 1996:
Court of Appeals No. 188455.
We would direct the defendant to show cause why the plaintiff should not be immediately discharged from parole. The lower court record suggests the plaintiff may have pleaded guilty of a ninety-day misdemeanor but, after he violated his five-year probationary sentence, was sentenced to three to five years imprisonment. If that is the case, then both the plaintiffs five-year probationary sentence for his underlying offense of carrying a concealed weapon in a motor vehicle, MCL 750.227d; MSA 28.424(4), and his subsequent sentence for violating the terms of his probationary sentence exceeded the maximum permitted by the statute. If plaintiff was incarcerated beyond that permitted by statute, he is entitled to a discharge from his parole and to have his Department of Corrections records amended to reflect his conviction was for a misdemeanor, not a felony.