PEOPLE OF MI V TYREE WASHINGTON

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STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, UNPUBLISHED January 18, 2000 Plaintiff-Appellee, v No. 201057 Washtenaw Circuit Court LC No. 90-042914 FH TYREE WASHINGTON, Defendant-Appellant. ON REMAND Before: Fitzgerald, P.J., and Hood and Sawyer, JJ. MEMORANDUM. This case is on remand from the Supreme Court for consideration of defendant’s sentencing issue. People v Williams, ___ Mich ___; ___ NW2d ___ (1999). We affirm. Defendant argues that the circuit court lost jurisdiction to sentence him when it failed to execute a writ of habeas corpus which delayed defendant’s sentencing. We disagree. Sentencing is including in the speedy trial guarantee. People v Garvin, 159 Mich App 38, 46; 406 NW2d 469 (1987). Accordingly, to determine whether the delay in sentencing deprived the trial court of jurisdiction, we must consider: (1) the length of delay; (2) reason for the delay; (3) defendant’s assertion of his right; and (4) prejudice to defendant. Id. The length of delay between the original sentencing date and actual sentencing was six years. However, defendant’s claimed violation fails because defendant did not demonstrate prejudice as a result of the delay. In sentencing defendant, the circuit court gave defendant full credit for time served while in custody for both the federal and state proceedings. People v McIntosh, 103 Mich App 11, 21; 302 NW2d 321 (1981). While defendant claims that he is subject to the jurisdiction of the state parole board upon his release from federal custody, this claim is speculative. Affirmed. /s/ E. Thomas Fitzgerald /s/ Harold Hood /s/ David H. Sawyer -1

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