PEOPLE OF MI V TERRENCE TURNERAnnotate this Case
STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
June 12, 1998
LC No. 94-012363
Before: Wahls, P.J., and Jansen and Gage, JJ.
On plea of guilty, which was unconditional, defendant was convicted of carjacking, MCL
750.529a; MSA 28.797(a). At the plea taking, defendant was promised by the trial judge that his
sentence would be the same as that he was already serving for unrelated convictions of armed robbery,
MCL 750.529; MSA 28.797, first-degree home invasion, MCL 750.110a; MSA 28.305(a), receiving
and concealing stolen property, MCL 750.535; MSA 28.803, and possession of a firearm during the
commission of a felony, MCL 750.227b; MSA 28.424(2). However, the actual sentence imposed was
ordered to run consecutively to the prior sentence for felony-firearm. On this appeal of right, defendant
contends that the trial court erred in denying his motion to dismiss the prosecution for violation of his
statutory right to speedy trial, MCL 780.131; MSA 28.969(1), and in ordering that his three and one
half to twenty year sentence run consecutively to the prior felony-firearm sentence. We affirm in part
and reverse and remand in part; this appeal is being decided without oral argument pursuant to MCR
Defendant’s unconditional guilty plea waived both statutory and constitutional rights to speedy
trial. People v Bordash, 208 Mich App 1; 527 NW2d 17 (1994), conflict panel refused, 208 Mich
App 801; 527 NW2d 19 (1994); People v Irwin, 192 Mich App 216, 218; 480 NW2d 611 (1991).
Defendant’s appeal to equity is misdirected, as courts of chancery have no jurisdiction in criminal cases.
However, the defendant is correct in asserting that the trial court erred in providing that his
sentence for carjacking should be consecutive to his prior sentence for felony-firearm. By the terms of
the felony-firearm statute itself, the determinate sentence imposed is consecutive only to sentences for
the underlying felony or attempt to commit the felony, and not for any unrelated
crime not part of the same transaction. People v Bonham, 182 Mich App 130, 137; 451 NW2d 530
(1989). The carjacking offense occurred on October 20, 1994, a week before the armed robbery,
home invasion, and felony firearm incident on October 27, 1994, as to which defendant’s convictions
were affirmed in this Court’s Docket No. 190108. Accordingly, this cause is remanded to the Wayne
Circuit Court, Criminal Division, for the ministerial task of correcting the judgment of sentence to
provide that the sentence for carjacking is concurrent to the prior felony-firearm sentence as well as to
the sentences for armed robbery, home invasion, and receiving and concealing stolen property.
Affirmed in part, reversed and remanded in part for further proceedings consistent with this
opinion. We do not retain jurisdiction.
/s/ Myron H. Wahls
/s/ Kathleen Jansen
/s/ Hilda R. Gage