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Michigan Supreme Court Lansing, Michigan 48909 _____________________________________________________________________________________________
C hief Justice Justices

Maura D. Cor rigan

Opinion
PEOPLE OF THE STATE OF MICHIGAN,
Plaintiff-Appellee,
v MICHAEL WALTER KACZMAREK,
Defendant-Appellant.
___________________________________ BEFORE THE ENTIRE BENCH
KELLY, J.


Michael F. Cavanagh Elizabeth A. Weaver Marilyn Kelly Clifford W. Taylor Robert P. Young, Jr. Stephen J. Markman

____________________________________________________________________________________________________________________________

FILED JULY 3, 2001


No. 114580


Michael Kaczmarek was convicted of delivering marijuana1
in August, 1994. In September, 1998, he pleaded guilty to a
During the interim, Michigan
B, which amended the state


second probation violation. voters approved Proposal

1

MCL 333.7401(2)(c).


constitution to remove the right of appeal from criminal
defendants who plead guilty.2 The change applies to crimes
committed on or after December 27, 1994. PA 374 and 1994 PA 375.
The question here is whether defendant retains an appeal
as a matter of right from the prison sentence imposed in the
wake of his probation violation. We hold in the affirmative.
Accordingly, we reverse the Court of Appeals dismissal of
defendant's claim and remand for consideration of his appeal
as of right.
Background of the Case
As a consequence of his August, 1994 sale of marijuana,
defendant was arrested and charged with having committed a
felony punishable by up to four years in prison.3 A jury
convicted him in March 1995, and a judge pronounced a two-year
sentence of probation.
Defendant violated conditions of his probation in 1996.
The violation led to an order that extended the term to five
years and imposed additional conditions. Two years later, he
again violated his probation. As a result, in early 1999, the
See

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Michigan Law