Opinion
SC 164987 (19) COA 362653
03-24-2023
PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v. RAND WALTER GOULD, Defendant-Appellant.
Kent CC: 98-161396-FC.
Elizabeth T. Clement, Chief Justice Brian K. Zahra David F. Viviano Richard H. Bernstein Megan K. Cavanagh Elizabeth M. Welch Kyra H. Bolden, Justices.
ORDER
On order of the Court, the application for leave to appeal the August 31, 2022 order of the Court of Appeals is considered, and it is DENIED, because we are not persuaded that the questions presented should be reviewed by this Court. The motion for disqualification is DENIED.
BOLDEN, J. (concurring).
I agree with the majority's decision to deny leave to appeal in this case. Defendant can only appeal a judgment or order. See MCR 7.203(B) and MCR 7.205(A). The appropriate avenue for defendant to seek relief is to file a motion requesting a written decision in the Oakland Circuit Court. See People v Grant, 329 Mich.App. 626, 634-635 (2019) (stating that because the abuse-of-discretion standard applies to appellate review of a circuit court's decision to approve or not approve a request for early parole under MCL 769.12(4)(a), that standard "effectively commands and guides a circuit court to render a decision and proffer an explanation for the decision such that the ruling falls within the range of reasonable and principled outcomes"). Presuming the circuit court then issues a written decision on the merits of the request for consent to early release but declines to give its consent, defendant can seek appellate review of that written decision.