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114 Mich. App. 145

People v. Becker

Michigan Court of Appeals

Decided January 28, 1982

Michigan Court of Appeals · decided 1982-01-28

Applies MI 750 § 750.520d · MI 769 § 769.11b

Decided 1982-01-28

Per Curiam.

¶1Defendant 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.

¶2We 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 NW2d 500 (1980), People v Dorsey, 104 Mich App 528; 305 NW2d 257 (1981).

¶3Pursuant to GCR 1963, 820.1(7), the defendant’s *147minimum and maximum sentences are hereby reduced by 200 days.

¶4Affirmed as modified herein.

V. J. Brennan, J.

¶5(dissenting). 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.

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