White-Bey v. Department of Corrections, 608 N.W.2d 833 (Mich. Ct. App. 1999)

Cases | White-Bey v. Department of Corrections, 608 N.W.2d 833 (Mich. Ct. App. 1999) | 2018

Inmate was convicted of breaking and entering. He was sentenced as an habitual offender, fourth offense to thirty-five to seventy years in prison. The trial court ordered inmate to pay $140 in restitution to the victim. Inmate filed a complaint seeking a writ of mandamus enjoining the department of corrections from transferring the funds in his account to satisfy the restitution order, claiming that the restitution order could not be executed until he was placed on parole or discharged. The trial court held that inmate lacked a clear legal right to cessation of the restitution payments and failed to show a lack of an adequate legal remedy. Inmate appealed. The appellate court held that the trial court did not err in granting summary disposition to the department and in dismissing inmate’s claim for a writ of mandamus. Because inmate was ordered to pay restitution immediately, he did not have a clear legal right to cessation of the restitution payments while incarcerated. Inmate should have moved to set aside or modify his sentence under MCR 6.502 and 6.504 rather than seeking a writ of mandamus.