PEOPLE OF MI V RICHARD KINDALE
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
December 15, 2000
Plaintiff-Appellee,
v
No. 215280
Oakland Circuit Court
LC No. 96-146703-FH
RICHARD KINDALE,
Defendant-Appellant.
Before: Gribbs, P.J., and Kelly and Sawyer, JJ.
MEMORANDUM.
Defendant was convicted by a jury of assault with intent to do great bodily harm less than
murder, MCL 750.84; MSA 28.279, and possession of a firearm during the commission of a
felony, MCL 750.227b; MSA 28.424(2). He was sentenced as a fourth habitual offender, MCL
769.12; MSA 28.1084, to a term of eighty months to twenty years’ imprisonment for the assault
conviction, and a consecutive two-year term for the felony-firearm conviction. He appeals as of
right. We affirm.
Defendant argues that the charges against him should have been dismissed due to a
violation of the statutory 180-day rule. MCL 780.131; MSA 28.969(1). We disagree. Because
defendant committed the charged offense while on parole and any sentence he received was
required to be served consecutively to the prior sentence, the 180-day rule does not apply.
People v Chavies, 234 Mich App 274, 280-281; 593 NW2d 655 (1999).
Affirmed.
/s/ Roman S. Gribbs
/s/ Michael J. Kelly
/s/ David H. Sawyer
-1-
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