Opinion
Docket No. 54114.
Decided January 28, 1982.
Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, Robert E. Weiss, Prosecuting Attorney, Donald A. Kuebler, Chief, Appellate Division, and Janice K. Rundles, Assistant Prosecuting Attorney, for the people.
Robert M. Crites and John A. Streby, for defendant on appeal.
Before: BASHARA, P.J., and R.B. BURNS and V.J. BRENNAN, JJ.
Defendant was convicted on his plea of guilty of criminal sexual conduct in the third degree, MCL 750.520d; MSA 28.788(4). The sole issue raised on appeal is whether defendant is entitled to credit against his 10- to 15-year prison sentence for time spent in prison in Pennsylvania while awaiting extradition to Michigan for this charge.
We have carefully reviewed the record and briefs and hold that defendant is entitled to credit against the sentence beginning March 30, 1978, the date the detainer was filed in Pennsylvania, until October 16, 1978, when defendant was returned to Michigan. MCL 769.11b; MSA 28.1083(2). People v Gibson, 101 Mich. App. 205; 300 N.W.2d 500 (1980), People v Dorsey, 104 Mich. App. 528; 305 N.W.2d 257 (1981).
Pursuant to GCR 1963, 820.1(7), the defendant's minimum and maximum sentences are hereby reduced by 200 days.
Affirmed as modified herein.
I respectfully dissent. The defendant is not entitled to credit for time spent in Pennsylvania on an unrelated charge. MCL 769.11b; MSA 28.1083(2) allows credit for time served in jail in another state while awaiting extradition, but not for time spent serving a sentence or relating to an offense committed in the other state and unrelated to the charged offense in Michigan. I would, therefore, find that the trial judge did not abuse his discretion in denying the defendant credit for the time he spent in Pennsylvania. Defendant's plea-based conviction should be affirmed.