PEOPLE OF MI V CHRISTOPHER DANIEL

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STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, UNPUBLISHED June 10, 2004 Plaintiff-Appellee, v No. 244552 Wayne Circuit Court LC No. 01-010640 CHRISTOPHER DANIEL, Defendant-Appellant. Before: Saad, P.J., and Talbot and Borrello, JJ. TALBOT, J. (dissenting). I would affirm. Defendant acknowledges that published opinions of this Court have consistently held that a defendant is not entitled to credit for time served in jail when he commits an offense while on parole, and he failed to argue or produce evidence to suggest that a different result is warranted in this case. Defendant did not provide this Court with the results of his parole hearing and, in my view, this issue is waived, “extinguished,” and there is no error to review. People v Riley, 465 Mich 442, 448-449; 636 NW2d 514 (2001); People v Carter, 462 Mich 206, 215; 612 NW2d 144 (2000). Defendant has not established that he is entitled to a remand in this case. /s/ Michael J. Talbot -1-

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