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DEAN v. DEPARTMENT OF CORRECTIONS

Docket No. 101956. Calendar No. 14.

556 N.W.2d 458 (1996)

453 Mich. 448

Freddy Scott DEAN, Plaintiff-Appellant, v. Michigan DEPARTMENT OF CORRECTIONS, Defendant-Appellee.

Supreme Court of Michigan.

December 10, 1996.

Attorney(s) appearing for the Case

Patrick K. Ehlmann, Lansing, for plaintiff-appellant.

Frank J. Kelly, Attorney General, Thomas L. Casey, Solicitor General, and Chester S. Sugierski, Jr., Assistant Attorney General, Lansing, for defendant-appellee.

OPINION

BOYLE, Justice.

I

We granted leave in this case to determine whether disciplinary credits or other forms of sentence credit reductions can be applied against a minimum term of imprisonment that has been imposed pursuant to the downward departure provisions of M.C.L. § 333.7401(4); M.S.A. § 14.15(7401)(4) and M.C.L. § 333.7403(3); M.S.A. § 14.15(7403)(3).

Plaintiff contends that a departure from a minimum sentence...

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