PER CURIAM:
The question presented by the defendant's delayed application for leave to appeal is whether a person whose conviction has been reversed or otherwise set aside, but who nonetheless remains in the custody of the Department of Corrections, is subject to the 180-day rule of MCL 780.131; MSA 28.969(1) and MCL 780.133; MSA 28.969(3). The circuit court and the Court of Appeals have held that the rule does not apply to such a defendant. We affirm.
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