Michigan v. Allen (Opinion on Application)
Annotate this CaseDefendant Erick Allen was convicted by jury of possessing less than 25 grams of cocaine, for which he was sentenced as a fourth-offense habitual offender to a prison term of 30 months to 15 years. Defendant was on parole at the time of the possession, but the Michigan Department of Corrections (the MDOC) did not file a parole detainer against him when he was arrested. Defendant was released from jail on July 13, 2017, on a personal recognizance bond. Defendant subsequently missed two court dates, and the district court issued a bench warrant for his arrest. He was arrested on August 17. The district court turned his personal recognizance bond into a cash/surety bond that Defendant was unable to post. On August 31, 2017, the district court changed his bond back to a personal recognizance bond so that defendant could participate in a drug treatment program. However, defendant brought drugs with him to the program, and he tested positive for cocaine on September 5, 2017. That same day, defendant was arrested, and the MDOC filed a parole detainer against defendant. After being bound over, defendant was convicted by a jury of possession of cocaine. Defendant remained in jail until his sentencing on March 1, 2018. At sentencing, defendant made no request to be given credit for time served. Although the court believed that defendant was not legally entitled to any jail credit because of his status as a parolee, in its discretion, the court gave defendant some credit for the time served prior to sentencing. Defendant spent approximately 195 days in jail prior to sentencing, 17 of which came before the MDOC filed a parole detainer against him. Defendant appealed in the Court of Appeals, arguing that the circuit court erred by not granting any jail credit for the total time he spent in jail. The Michigan Supreme Court determined that under MCL 769.11b and Michigan v. Idziak, 773 NW2d 616 (2009), defendant was entitled to time-served credit. Because the trial court did not grant the credit to which defendant was entitled, defendant demonstrated plain error affecting his substantial rights. The Court of Appeals’ affirmance of the trial court's judgment was reversed, and the matter remanded for resentencing.
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