People v. Chattaway
| Decision Date | 31 July 1969 |
| Docket Number | No. 1,Docket No. 6150,1 |
| Citation | 171 N.W.2d 801,18 Mich.App. 538 |
| Parties | PEOPLE of the State of Michigan, Plaintiff, v. Percival J. CHATTAWAY, Defendant |
| Court | Court of Appeal of Michigan — District of US |
Dominick R. Carnovale, Detroit, for plaintiff.
Frank J. Kelley, Atty. Gen., Robert A. Derengoski, Sol. Gen., Lansing, William L. Cahalan, Pros. Atty., Samuel J. Torina, Chief Appellate Lawyer, Luvenia D. Dockett, Asst. Pros. Atty., Wayne County, Detroit, for defendant.
Before FITZGERALD, P.J., and LEVIN and T. M. BURNS, JJ.
The defendant was convicted on a plea of guilty of the crime of conspiring to utter and publish a false instrument. 1 He appeals on leave granted from an order denying his petition for clarification of his sentence. He claims that he was improperly denied credit for the time he spent in the county jail awaiting trial. In response, the people argue that the defendant received credit for the time he was in jail against the sentence imposed in another case and he is not entitled to 'duplicate' credit against the sentence imposed in this case.
The relevant facts are:
This Case Other Case
--------------------------- --------------------
Charge (1) conspiracy to utter uttering and
and publish, and publishing
(2) uttering and publishing
Arraignment
on complaint 1/19/66 1/15/66
Examination 2/16/66 2/10/66
2/18/66
Arraignment on
information 4/6/66 3/3/66
Plea of guilty 8/8/66 7/7/66
(plea to conspiracy (plea to attempt to
to utter and publish) utter and publish)
Date of sentence 9/6/66 7/22/66
Sentence 4 1/2 to 5 years 2 1/2 to 5 years
Provision concerning "Given credit for "To be given credit
credit for time time served in for time served in
served awaiting Wayne County Jail." Wayne County Jail
trial in the order 6 months."
of conviction and
sentence or in
the mittimus
In both cases at the conclusion of each appearance (preceding sentence) by the defendant in court, the judge set bond at $1,000; however, bond was not set following the August 8, 1966 hearing in this case.
The relevant statute provides:
'Whenever any person is hereafter convicted of any crime within this state and has served any time in jail prior to sentencing because of being denied or unable to furnish bond for the offense of which he is convicted, the trial court in imposing sentence shall specifically grant credit against the sentence for such time served in jail prior to sentencing.' M.C.L.A. § 769.11b (Stat.Ann.1969 Cum.Supp. § 28.1083(2)).
Our Court has held that a statement by a trial judge while sentencing a convicted person that he took into consideration the time the convicted person spent in jail awaiting trial does not comply with the requirements of this statute. Booker v. Judge of Recorder's Court (1967), 7 Mich.App. 705, 709, 153 N.W.2d 178; People v. Grandahl (1969), 16 Mich.App. 221, 224, 225, 167 N.W.2d 802.
Booker v. Judge of Recorder's Court, Supra, 7 Mich.App. p. 709, 153 N.W.2d p. 180.
In Michigan, with exceptions not here relevant, 2 a sentence may not be imposed to commence upon completion or expiration of another sentence. In re Carey (1964), 372 Mich. 378, 380, 126 N.W.2d 727.
In the absence of the quoted statutory provision one convicted following a trial and sentenced for precisely the same term as one convicted upon a plea of guilty would be made to serve a longer time in jail, I.e., the time spent awaiting trial. 3 Thus, this statutory provision avoids unnecessary chilling of exercise of the right to trial.
This statutory provision is remedial and should be liberally construed to effectuate the salutary purposes sought to be achieved by the legislature in its enactment. People v. Havey (1968), 11 Mich.App. 69, 160 N.W.2d 629. 4 Cf. Booker v. Judge of Recorder's Court, Supra. The construction of the statute which the people seek is in conflict with the legislative purpose as that construction would chill exercise of the right to trial by an accused person who, like the defendant, faces more than one untried charge.
The statute states that one who serves time in jail awaiting trial because he is 'denied or unable to furnish bond for the offense of which he is convicted' is entitled to the sentence credit. In this case, before the defendant pled guilty he was 'unable to furnish bond for the offense of which he (was) convicted' although it was set at a relatively low amount--$1,000. After he pled guilty, the defendant was 'denied' bond.
The statute does not make the convicted person's right to sentence credit dependent on the reason why bond was denied or, if bond is set, the reason why he was unable to furnish bond. The fact that the defendant may have been unable to furnish bond in this case because even if he did so he might not have been released...
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People v. Hall, Docket No. 3902
...sentences still not fully served imposed upon the defendant following earlier convictions for other offenses. 5 In People v. Chattaway (1969), 18 Mich.App. ---, 171 N.W.2d 801, our Court observed that in Michigan, with exceptions not here relevant, a sentence may not be imposed to commence ......
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People v. Coyle
...23 Mich.App. 510, 513, 179 N.W.2d 22 (1970), People v. Face, supra, at 439, 276 N.W.2d 916. Moreover, in People v. Chattaway, 18 Mich.App. 538, 542, 171 N.W.2d 801 (1969), this Court also noted that the statute "avoids unnecessary chilling of exercise of the right to trial" by crediting tim......
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People v. Prieskorn
...whatever the reason, and whether related or unrelated to the crime for which the sentence in issue is imposed, People v. Chattaway, 18 Mich.App. 538, 543, 171 N.W.2d 801 (1969); the middle or intermediate approach that asks the question whether the reason for the presentence confinement bea......
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People v. Clark
...379 (1970).3 M.C.L.A. § 750.360; M.S.A. § 28.592.4 In re Carey, 372 Mich. 378, 380, 126 N.W.2d 727 (1964); People v. Chattaway, 18 Mich.App. 538, 541, 171 N.W.2d 801 (1969).5 People v. Kuhn, 67 Mich. 463, 35 N.W. 88 (1887); Cf. People v. Williams, 9 Mich.App. 676, 158 N.W.2d 42 (1968); 1 Wh......