People v. Matelic

(dissenting in part.) Defendant appeals from a lower court order denying his motion, filed pursuant to MCL 791.234(10), for judicial determination of cooperation. I would affirm the lower court’s denial of the motion and find that (1) the word “cooperated,” when examined in context with the remaining language of MCL 791.234(10), is unambiguous, (2) MCL 791.234(10) imposes a temporal limitation on any trial court finding of cooperation by a prisoner and requires that “cooperation” must have actually occurred before a prisoner is eligible for early parole under that provision, and (3) remand is…