People v. Albane

Defendant, Vincent Michael Al-bane, pled guilty to delivery of cocaine, more than 50 grams but less that 225 grams, in violation of MCL 333.7401(1) and (2)(a)(iii); MSA 14.15(7401)(1) and (2)(a)(iii). Defendant was sentenced to a term of life on probation with a provision that he spend the first year in the Macomb County Jail.

On appeal, defendant claims that this was an unlawful sentence, in violation of MCL 771.3(3); MSA 28.1133(3), which provides as follows:(3) Subsection (2) shall not apply to a person who is placed on probation for life pursuant to sections 1(3) and 2(3) of this chapter.…