Opinion
Docket No. 147084. COA No. 314596.
2013-10-23
PEOPLE of the State of Michigan, Plaintiff–Appellee, v. Carlos Arista DE LA ROSA, Defendant–Appellant.
Order
On order of the Court, the application for leave to appeal the March 20, 2013 order of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we REMAND this case to the Macomb Circuit Court for it to correct the judgment of sentence by striking the language prohibiting the defendant's deportation until he serves 17.5 years. Although the defendant is not currently eligible for early parole and deportation pursuant to MCL 791.234b, the language of the statute is mandatory, and a sentencing judge may not prevent application of the statute if a defendant eventually becomes eligible.