PEOPLE v. KACZMAREK

Docket No. 114580, Calendar No. 2.

628 N.W.2d 484 (2001)

PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Michael Walter KACZMAREK, Defendant-Appellant.

Supreme Court of Michigan.

Decided July 3, 2001.


Attorney(s) appearing for the Case

Jennifer M. Granholm, Attorney General, Thomas L. Casey, Solicitor General, Dennis LaBelle, Prosecuting Attorney, and Alan Schneider, Assistant Prosecuting Attorney, Traverse City, for the people.

State Appellate Defender (by Anne Yantus), Detroit, for defendant.

Jeffrey L. Sauter, President, James J. Gregart, Kalamazoo County Prosecuting Attorney, and Judith B. Ketchum, Assistant Prosecuting Attorney, Kalamazoo, amici curiae, for Prosecuting Attorneys Association of Michigan.

Before the Entire Bench.


OPINION

MARILYN J. KELLY, J.

Michael Kaczmarek was convicted of delivering marijuana1 in August, 1994. In September, 1998, he pleaded guilty to a second probation violation. During the interim, Michigan voters approved Proposal B, which amended the state constitution to remove the right of appeal from criminal defendants who plead guilty.2 The change applies to crimes committed on or after December...

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