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People v. Whitted

Michigan Court of Appeals
Dec 4, 1992
199 Mich. App. 459 (Mich. Ct. App. 1992)

Opinion

Docket No. 142655.

Submitted December 17, 1991, at Detroit.

Decided December 4, 1992; approved for publication April 22, 1993, at 9:20 A.M.

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, John D. O'Hair, Prosecuting Attorney, Timothy A. Baughman, Chief of Research, Training, and Appeals, and Jeffrey Caminsky, Assistant Prosecuting Attorney, for the people.

State Appellate Defender (by Jennifer A. Pilette), for the defendant on appeal.

Before: R.J. DANHOF, P.J., and J.H. GILLIS and W.R. BEASLEY, JJ.

Former Court of Appeals judges, sitting on the Court of Appeals by assignment pursuant to Administrative Order No. 1991-9.


Defendant pleaded guilty of delivery of less than fifty grams of cocaine, MCL 333.7401(2)(a)(iv); MSA 14.15(7401)(2)(a) (iv), and was sentenced to three to fifteen years' imprisonment. He appeals as of right. We remand for resentencing. This case has been decided without oral argument pursuant to MCR 7.214(E)(1)(b).

Electronic tethering is not, by definition, imprisonment in the county jail, and, therefore, not a prohibited condition under MCL 771.3(3); MSA 28.1133(3). It may properly be imposed as a condition of lifetime probation. People v Dyson, 185 Mich. App. 784, 787-788; 462 N.W.2d 845 (1990). Because the trial court erroneously believed that it did not have the discretion to impose a sentence of lifetime probation with the first six months on the electronic tether, we remand for resentencing. People v Whalen, 412 Mich. 166, 170; 312 N.W.2d 638 (1981); People v Mauch, 23 Mich. App. 723, 730; 179 N.W.2d 184 (1970).

Remanded for resentencing. We do not retain jurisdiction.


Summaries of

People v. Whitted

Michigan Court of Appeals
Dec 4, 1992
199 Mich. App. 459 (Mich. Ct. App. 1992)
Case details for

People v. Whitted

Case Details

Full title:PEOPLE v WHITTED

Court:Michigan Court of Appeals

Date published: Dec 4, 1992

Citations

199 Mich. App. 459 (Mich. Ct. App. 1992)
502 N.W.2d 328

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