PEOPLE OF MI V PRESTON CURTIS JOHNSON
Annotate this Case
Download PDF
STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
September 9, 2003
Plaintiff-Appellee,
V
No. 239999
Wayne Circuit Court
LC No. 81-000040
PRESTON CURTIS JOHNSON,
Defendant-Appellant.
Before: Markey, P.J., and Cavanagh and Saad, JJ.
MEMORANDUM.
Defendant appeals as of right his plea-based conviction for assault with intent to rob,
MCL 750.88. We affirm. This appeal is being decided without oral argument pursuant to MCR
7.214(E).
Defendant argues that he was denied his right to a speedy trial, and trial counsel was
ineffective in failing to raise this issue. An unconditional guilty plea waives a claim of violation
of federal and Michigan constitutional rights to a speedy trial. People v Depifanio, 192 Mich
App 257; 480 NW2d 616 (1991). A no contest plea is the functional equivalent of a guilty plea
and has the same effect of waiving issues pertaining to the capacity of the state to prove guilt.
People v New, 427 Mich 482, 493; 398 NW2d 358 (1986). Where the alleged deficient action of
defense counsel relates to an issue that is waived by a plea, the claim of ineffective assistance of
counsel relating to that action is also waived. People v Vonins (After Remand), 203 Mich App
173, 176; 511 NW2d 706 (1993).
Defendant is not entitled to jail credit for time served for offenses committed while he
was on bond for the instant offense. Credit is granted under MCL 769.11b only when a
defendant is incarcerated for being denied or being unable to furnish bond for the conviction for
which sentence is imposed. People v Adkins, 433 Mich 732; 449 NW2d 400 (1989).
Affirmed.
/s/ Jane E. Markey
/s/ Mark J. Cavanagh
/s/ Henry William Saad
-1-
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
