People v. Cieslinski

• Decision Date: 22 February 1985
• Docket Number: Docket No. 73651
• Citation: People v. Cieslinski, 363 N.W.2d 7, 139 Mich.App. 675 (Mich. App. 1985)
• Parties: PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Neal James CIESLINSKI, Defendant-Appellant.
• Court: Court of Appeal of Michigan

Page 7

363 N.W.2d 7

139 Mich.App. 675

PEOPLE of the State of Michigan, Plaintiff-Appellee, v.Neal James CIESLINSKI, Defendant-Appellant.

Docket No. 73651.

Court of Appeals of Michigan.

Submitted Aug. 14, 1984.

Decided Oct. 5, 1984.

Released for Publication Feb. 22, 1985.

Frank J. Kelley, Atty. Gen., Louis J. Caruso, Sol.Gen., George B. Mullison, Pros.Atty., and Thomas J. Rasdale, Asst. Pros.Atty., for the people.

James R. Neuhard, State Appellate Defender by Sheila N. Robertson, for defendant-appellant on appeal.

Before T.M. BURNS, P.J., and KELLY and KAUFMAN, ^* JJ.

PER CURIAM.

Defendant pled guilty to breaking into a safe, M.C.L. Sec. 750.531;M.S.A. Sec. 28.799, and breaking and entering, M.C.L. Sec. 750.110;M.S.A. Sec. 28.305.Defendant was sentenced to five years probation with the first year to be served in the county jail.Defense counsel asked about credit for time served, and the court stated that there would be no credit and that he was "taking that into consideration in placing him on probation".

On appeal, defendant argues that he is entitled to credit for time served.The trial judge indicated that one year in jail, along with probation, was too lenient a sentence for defendant unless defendant was not given credit for time served.The statute allowing for credit for time served is mandatory.People v. Woodard, 134 Mich.App. 128, 131, 350 N.W.2d 761(1984).The fact that the trial court may have granted a "lenient" sentence in consideration of the time already served does not give the trial court the discretion to deny the credit.Id.Defendant is, therefore, entitled to credit for time served.We note that the record does not indicate the number of days to be credited to defendant's sentence.We therefore remand to the trial court to correct the sentence, allowing credit for time previously served.

Remanded.

*Retired Court of...