In People v. Gregorczyk, 178 Mich. App. 1, 4; 443 N.W.2d 816 (1989), the defendant appealed his conviction and five- to twenty-year prison sentence for a narcotics offense. 178 Mich. App. at 3. The Court affirmed his conviction, but remanded for resentencing under the statute, which required a minimum ten-year prison term. Id. The defendant sought leave to appeal to the Supreme Court. Id. defendant's application for leave to appeal was still pending, the Parole Board granted him an early discharge from his original sentence, effectively excusing him from any further obligation to the state. 178 Mich. App. at 3-4. In accordance with this Court's decision to remand the defendant's case for resentencing, the circuit court resentenced him to lifetime probation. 178 Mich. App. at 4. Defendant appealed again, and in addition to holding that the second sentence violated the prohibition against double jeopardy because the time the defendant had already served in prison could not be credited against lifetime probation, this Court found a violation of due process on the facts of the case. 178 Mich. App. at 8-9, 12