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.
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.