PEOPLE OF MI V WILLIAM OWDISHAnnotate this Case
STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
June 12, 1998
Macomb Circuit Court
LC No. 90-001554 FH
Before: Wahls, P.J., and Jansen and Gage, JJ.
Defendant appeals as of right from the sentence imposed on his guilty plea based conviction for
possession with intent to deliver more than 225 grams but less than 650 grams of cocaine, MCL
333.7401(2)(a)(ii); MSA 14.15(7401)(2)(a)(ii) and conspiracy to possess with intent to deliver more
than 225 grams but less than 650 grams of cocaine, MCL 750.157(a); MSA 28.354(1). We affirm.
After defendant was arrested he fled the country, and failed to appear on the date set for trial.
A bench warrant was issued for his arrest. Defendant was subsequently arrested in Windsor, Ontario
on an unrelated narcotics offense. He was convicted and served two years in prison on the narcotics
charge, plus an additional four months for escape. In February 1996 defendant was returned to
On appeal, defendant argues that the trial court erred in failing to grant him sentence credit for
time served in prison in Canada. The statute defendant relies on is inapplicable to his situation. MCL
769.11b; MSA 28.1083(2) provides:
Whenever any person is hereinafter convicted of any crime within this state and
has served any time in jail prior to sentencing because of being denied or unable to
furnish bond for the offense of which he is convicted, a trial court in imposing sentence
shall specifically grant credit against the sentence for such time served in jail prior to
Here, defendant did not serve time in Canadian prison due to an inability to furnish bond. He
was convicted on a n offense, which was unrelated to the instant charges. He is not entitled to
sentence credit. People v Adkins, 433 Mich 732; 449 NW2d 400 (1989); People v Ovalle, 222
Mich App 463, 468; 564 NW2d 147 (1997).
Defendant also argues that his sentence is disproportionate considering the circumstances
surrounding the offense and the offender. However, defendant was sentenced in accord with a
generous plea bargain. Rather than face the mandatory minimum sentence of 20 years on each count, to
be served consecutively, under the plea agreement the prosecutor agreed to recommend a four year
minimum sentence cap on each of the charges. The trial court imposed minimum sentences of three
years on each count, under the cap. Where defendant was sentenced in accord with a valid plea
bargain, he has waived any challenge to the proportionately of his sentence where he has failed to move
to withdraw his plea. People v Blount, 197 Mich App 174; 494 NW2d 829 (1992).
/s/ Myron H. Wahls
/s/ Kathleen Jansen
/s/ Hilda R. Gage