People v. Prieskorn

381 N.W.2d 646, 424 Mich. 327
CourtMichigan Supreme Court
DecidedFebruary 11, 1986
Docket75370, (Calendar No. 24)
StatusPublished
Cited by58 cases

This text of 381 N.W.2d 646 (People v. Prieskorn) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Prieskorn, 381 N.W.2d 646, 424 Mich. 327 (Mich. 1986).

Opinions

Ryan, J.

The issue presented for consideration is whether defendant is entitled to sentence credit in this case for time spent incarcerated under sentence for an unrelated offense committed while he was free on bond for the offense for which he now seeks sentence credit. We hold that he is not so entitled.

Defendant was arrested on April 7, 1982, and charged with two counts of delivery of marijuana. The offenses were alleged to have occurred on March 9 and March 22, 1982. Defendant posted bond on April 10, 1982, and was released from custody. On June 20, 1982, he was again arrested, this time for driving with a revoked license. He posted a seventy-five dollar bond and was again released. On July 20, 1982, defendant began serving a ninety-day sentence, following conviction, for the driving violation. On September 9, 1982, while incarcerated under sentence for the driving violation, defendant was charged with a third delivery of marijuana offense. This third delivery was alleged to have occurred on July 8, 1982, when defendant was free on the bonds previously posted for the first two marijuana offenses, and the driving violation. He did not post bond for the latest arrest.

On September 27, 1982, defendant pled guilty, as a second-felony offender, to one of the original delivery charges in exchange for a dismissal of the two other delivery charges. (The charges of March 22 and July 8.)1 On November 22, 1982, defendant was sentenced to serve three to six years imprison[331]*331ment. The trial court granted sentence credit for fifty-eight days served prior to sentencing.

On appeal, the Court of Appeals held, in an unpublished per curiam opinion, that the trial court had miscalculated the amount of sentence credit for time served to which the defendant was entitled pursuant to § 11b of the Code of Criminal Procedure, MCL 769.11b; MSA 28.1083(2). The Court of Appeals held that defendant was entitled to credit for:

— The four days spent in jail between his arrest on the original marijuana delivery charges and his release on bond on April 10, 1982;

— If verified, the eighteen days spent in jail while under sentence for the driving violation, between September 9, 1982, when he was charged with the third marijuana delivery violation, and September 27, 1982, when he pleaded guilty pursuant to a plea bargain, to a single marijuana delivery offense; and

— The fifty-six days between his plea of guilty on September 27, 1982, and the sentencing for that offense on November 22, 1982.

Over Judge Kelly’s dissent, the appellate court declined to award credit for the fifty-one days between July 20, 1982, and September 9, 1982, that defendant spent in jail under sentence for the driving violation, and before he was charged with the third delivery of marijuana offense. The court then ordered the case remanded to the trial court for a recomputation of sentence credit due the defendant.

A chronological history of the foregoing events, divided into the relevant segments, is as follows:

[332]

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Bluebook (online)
381 N.W.2d 646, 424 Mich. 327, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-prieskorn-mich-1986.