PEOPLE OF MI V RICKY LEE HELTON

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STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, UNPUBLISHED October 3, 2000 Plaintiff-Appellee, v No. 214345 Genesee Circuit Court LC No. 96-054716-FH RICKY LEE HELTON, Defendant-Appellant. Before: McDonald, P.J., and Sawyer and White, JJ. MEMORANDUM. Defendant claims an appeal from his sentence of three to five years in prison, with credit for 406 days, for probation violation, following a plea-based conviction of OUIL, third offense, MCL 257.625(7)(d); MSA 9.2325(7)(d). We affirm. Defendant argues that he was entitled to receive an additional 115 days’ credit for time he spent at New Paths, a residential substance abuse treatment program, as a condition of his probation. We disagree and affirm defendant’s sentence as imposed by the trial court. A defendant is not entitled to sentence credit for time spent in a private rehabilitation program as a condition of probation. People v Whiteside, 437 Mich 188, 191-192, 202; 468 NW2d 504 (1991); People v Leske, 187 Mich App 153, 157; 466 NW2d 361 (1991). Affirmed. /s/ Gary R. McDonald /s/ David H. Sawyer /s/ Helene N. White -1

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