PEOPLE OF MI V SAMEER A MUHAMMAD

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STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, UNPUBLISHED April 4, 1997 Plaintiff-Appellee, v No. 191028 Oakland Circuit Court LC No. 92-115983-FH SAMEER A. MUHAMMAD, Defendant-Appellant. Before: D.F. Walsh,* P.J., and R.P. Griffin** and W.P. Cynar,* JJ. MEMORANDUM. Defendant pleaded guilty to first-degree retail fraud 750.356; MSA 28.588, and habitual offender, fourth offense, MCL 769.12; MSA 28.1084. He was ultimately sentenced, after receiving a delayed sentence and failing to appear for a scheduled hearing, to two to fifteen years’ imprisonment. He appeals as of right. We affirm. This case has been decided without oral argument pursuant to MCR 7.214(E)(1)(b). Defendant it not entitled to sentence credit f the time served in the Oakland County Jail in or connection with the unrelated first-degree retail fraud case. Because defendant was not serving time for the instant convictions and because he actively evaded detection by authorities, he is not entitled to any sentence credit in this case. MCL 769.11b; MSA 28.1083(2); People v Prieskorn, 424 Mich 327, 344; 381 NW2d 646 (1985). Defendant waived the requirement that he be sentenced within one year of his guilty pleas by failing to appear at the delayed sentencing hearing and by attempting to avoid detection after his arrest in *Former Court of Appeals judges, sitting on the Court of Appeals by assignment pursuant to Administrative Order 1996-10. **Former Supreme Court justice, sitting on the Court of Appeals by assignment pursuant to Administrative Order 1996-10. -1­ the unrelated first-degree retail fraud case. MCL 771.1(2); MSA 28.1131(2); People v Richards, 205 Mich App 438, 440-441; 517 NW2d 823 (1994). -2­ Affirmed. /s/ Daniel F. Walsh /s/ Robert P. Griffin /s/ Walter P. Cynar -3­

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