292 N.W.2d 489 (Mich.App. 1980), 78-4881, People v. Johnson

Docket Nº:Docket No. 78-4881.
Citation:292 N.W.2d 489, 96 Mich.App. 84
Opinion Judge:PER CURIAM.
Party Name:PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Shirley JOHNSON, Defendant-Appellant.
Attorney:[96 Mich.App. 85] James R. Durant, Kalamazoo, for defendant-appellant. Frank J. Kelley, Atty. Gen., Robert A. Derengoski, Sol. Gen., James J. Gregart, Pros. Atty., Judy A. H. Hughes, Asst. Pros. Atty., for plaintiff-appellee.
Judge Panel:Before BRONSON, P.J., and ALLEN and MAHER, JJ.
Case Date:March 05, 1980
Court:Court of Appeals of Michigan
 
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Page 489

292 N.W.2d 489 (Mich.App. 1980)

96 Mich.App. 84

PEOPLE of the State of Michigan, Plaintiff-Appellee,

v.

Shirley JOHNSON, Defendant-Appellant.

Docket No. 78-4881.

Court of Appeals of Michigan.

March 5, 1980

Released for Publication May 28, 1980.

[96 Mich.App. 85] James R. Durant, Kalamazoo, for defendant-appellant.

Frank J. Kelley, Atty. Gen., Robert A. Derengoski, Sol. Gen., James J. Gregart, Pros. Atty., Judy A. H. Hughes, Asst. Pros. Atty., for plaintiff-appellee.

Before BRONSON, P.J., and ALLEN and MAHER, JJ.

PER CURIAM.

The defendant appeals as of right from a plea-based conviction of larceny in a building, M.C.L. § 750.360; M.S.A. § 28.592. She was sentenced to a term of 2 to 4 years in prison, to be served consecutively with her sentence on a prior conviction.

The instant charge stems from an incident which occurred while the defendant was serving a sentence at a community corrections center program. [96 Mich.App. 86] Ms. Johnson was on her way to a laundromat to do her wash. She stopped at the Family Foods market. Although she had sufficient money, she took laundry detergent worth less than $3 and put it in her purse, not intending to pay for it. Ms. Johnson was apprehended before she left the store.

Page 490

On appeal, the defendant contends that she was not "incarcerated" at the time the instant crime was committed, so that the consecutive sentencing statute, M.C.L. § 768.7a; M.S.A. § 28.1030(1), was erroneously applied.

M.C.L. § 768.7a; M.S.A. § 28.1030(1) provides for mandatory consecutive sentences for offenses committed by a prisoner or an escapee, as follows:

"Sec. 7a. (1) A person who is * * * incarcerated in a penal or reformatory institution in this state, or who escapes from that institution, and who commits a crime during that incarceration or escape which punishable by imprisonment in a penal or reformatory institution in this state shall, upon conviction thereof, be subject to sentence therefor in the manner provided by law for such crimes. The term of sentence imposed for the crime shall * * * commence * * * at the expiration of the term or terms of sentence which the person is serving or * * * has become liable to serve in a penal or reformatory institution in this state."

There are no cases which specifically construe a community corrections program as being a penal or reformatory...

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