PEOPLE OF MI V VINCENT WOODARD
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
February 21, 2008
Plaintiff-Appellee,
v
No. 269672
Wayne Circuit Court
LC No. 01-010419-01
VINCENT WOODARD,
Defendant-Appellant.
Before: Talbot, P.J., and Cavanagh and Zahra, JJ.
MEMORANDUM.
Defendant appeals as of right, challenging the amount of jail credit granted in the most
recently entered judgment of sentence in this case. We remand for correction of the judgment of
sentence.
A person who has served time in jail before sentencing due to inability to post bond or a
denial of bond must be credited with the time served in jail. People v Stead, 270 Mich App 550,
551; 716 NW2d 324 (2006), citing MCL 769.11b. In the amended judgment of sentence entered
after this Court’s earlier remand, the trial court determined that defendant was entitled to 52 days
of jail credit, rather than the initially credited 21 days. It is also manifest that the change of the
jail credit to 21 days in the most recently entered judgment of sentence was a clerical error. The
new judgment of sentence was entered due to an error with regard to the controlled substances
sentence, a matter which plainly has no bearing on the amount of jail credit to which defendant is
entitled on his felony-firearm sentence. Further, the trial court noted in the judgment of sentence
that it did not intend to alter the other sentences.
This Court has the authority to “enter any judgment or order or grant further or different
relief as the case may require.” MCR 7.216(A)(7). Therefore, we remand this case to the trial
court for entry of a corrected judgment of sentence specifying that defendant is entitled to 52
days of jail credit on his felony-firearm sentence. We decline to order a formal resentencing
proceeding, because the error is merely clerical in nature and requires only a ministerial
correction of the judgment of sentence.
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This case is remanded to the trial court for correction of the judgment of sentence to
specify that defendant is entitled to 52 days of jail credit on his felony-firearm sentence. We do
not retain jurisdiction.
/s/ Michael J. Talbot
/s/ Mark J. Cavanagh
/s/ Brian K. Zahra
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