People v. Brooks

Michigan Court of Appeals

People v. Brooks

189 N.W.2d 816, 33 Mich. App. 297, 1971 Mich. App. LEXIS 1748

CourtMichigan Court of Appeals

DecidedApril 29, 1971

DocketDocket 9837

StatusPublished

Cited by6 cases

This text of 189 N.W.2d 816 (People v. Brooks) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Brooks, 189 N.W.2d 816, 33 Mich. App. 297, 1971 Mich. App. LEXIS 1748 (Mich. Ct. App. 1971).

Pincite

Opinion

Per Curiam.

By this appeal, defendant seeks credit on his sentence for escape from prison, *298 MCLA § 750.193 (Stat Ann 1970 Cnm Snpp § 28-.390), for the period of time between the date of his arrest for escape and the date of his sentence therefor. It is defendant’s position that he is entitled to the credit sought under the provisions of MCLA § 769.11b (Stat Ann 1970 Cum Supp § 28.1083[2]):

“Whenever any person is hereafter convicted of any crime within this state and has served any time in jail prior to sentencing because of being denied or unable to furnish bond for the offense of which he is convicted, the trial court in imposing sentence shall specifically grant credit against the sentence for such time served in jail prior to sentencing.”

Defendant candidly admits that the relief he seeks is contrary to our holding in People v. Pruitt (1970), 23 Mich App 510, hut he argues that Pruitt should be overruled.

We do not agree. Pruitt properly construed MCLA § 769.11b, supra, and Pruitt obviates further discussion of this case.

Affirmed.

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