
    PEOPLE v WHITE
    Appeal and Error — Courts—Jurisdiction—Parole Board — Appeal as op Right — Mandamus—Court Rules
    The Court of Appeals does not have statutory jurisdiction to consider an appeal as of right from a decision of the Michigan Parole Board; the procedurally preferable method for seeking review of such a decision is to file a complaint for mandamus under the provisions of court rules (GCR 1963, 816.2).
    Reference for Points in Headnote
    59 Am Jur 2d, Pardon and Parole § 34 et seq.
    Appeal from Department of Corrections, Parole Board.
    Submitted Division 1 December 31, 1974, at Lansing.
    (Docket No. 21794.)
    Decided January 29, 1975.
    George W. White was found by the Parole Board to be in violation of his parole, and parole was revoked. Defendant appeals.
    Appeal dismissed for lack of jurisdiction.
    
      Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and Terrence P. Grady, Assistant Solicitor General, for the people.
    
      Robert J. Singer, for defendant.
    Before: Danhof, P. J., and Quinn and J. H. Gillis, JJ.
   Per Curiam:.

Defendant was convicted on March 21, 1969 of kidnapping, MCLA 750.349; MSA 28.581. He was also convicted after a separate trial of rape, MCLA 750.520; MSA 28.788 and felonious assault, MCLA 750.82; MSA 28.277, which convictions were subsequently reversed. People v White, 41 Mich App 370; 200 NW2d 326 (1972), aff'd, 390 Mich 245; 212 NW2d 222 (1973). The kidnapping conviction, for which defendant was sentenced to a term of from 5 to 15 years in prison, was not appealed.

Defendant was paroled from prison on December 14, 1973. He was taken into custody for violating his parole on March 11, 1974, following a complaint by his wife that he assaulted her with a knife. On March 19, 1974, defendant pled guilty to a charge of aggravated assault, MCLA 750.81a; MSA 28.276(1), and was sentenced to 90 days in jail. A hearing was held before the Michigan Parole Board on April 8, 1974. It was determined that defendant was in violation of his parole, and his parole was revoked. From this decision of the Michigan Parole Board, defendant filed a claim of appeal as of right.

Due to the procedurally improper method used by the defendant to prosecute his appeal, we are unable to decide this case on its merits. Jurisdiction for appeals as of right to this Court is conferred by statute, MCLA 600.308; MSA 27A.308. The statute inclhdes no provision for appeals as of right from the Michigan Parole Board. Thus, this Court is without statutory jurisdiction to consider this appeal. The procedurally preferable method for seeking review by this Court of a decision of the Michigan Parole Board is to file a complaint for a writ of mandamus under the provisions of GCR 1963, 816.2. See for example, Callison v Department of Corrections, 56 Mich App 260; 223 NW2d 738 (1974).

This Court being without jurisdiction, the appeal is dismissed without prejudice to proceed properly.  