People v. Gravlin, Docket No. 17257
| Decision Date | 29 March 1974 |
| Docket Number | Docket No. 17257,No. 2,2 |
| Citation | 217 N.W.2d 404,52 Mich.App. 467 |
| Parties | PEOPLE of the State of Michigan, Plaintiff-Appellee, v. William G. GRAVLIN, Defendant-Appellant |
| Court | Court of Appeal of Michigan — District of US |
Joseph L. Hardig, Jr., Birmingham, for defendant-appellant.
Frank J. Kelley, Atty. Gen., Robert A. Derengoski, Sol. Gen., L. Brooks Patterson, Pros. Atty., for plaintiff-appellee.
Before HOLBROOK, P.J., and ALLEN and VanVALKENBURG*, JJ.
The defendant, William G. Gravlin, was arrested on September 29, 1964, and charged with murder in the first degree. M.C.L.A. § 750.316; M.S.A. § 28.548. On January 14, 1965, defendant was adjudicated incompetent to stand trial and committed to Ionia State Hospital. Three years later defendant was adjudicated competent to stand trial. He was tried and convicted of first-degree murder and sentenced to life in prison, without receiving any credit for the time he spent in custody.
On appeal defendant contends that he should have been given credit against his sentence for the time spent in jail and in custody at Ionia State Hospital prior to his sentence. We agree.
The statute in effect at the time of defendant's commitment to Ionia (M.C.L.A. § 767.27; M.S.A. § 28.967) was amended effective March 10, 1967, by 1966 P.A. 266. A section of the amended statute, M.C.L.A. § 767.27a(9); M.S.A. § 28.966(11)(9) requires:
Section 3 of the act states that persons presently committed to Ionia State Hospital are subject to the provisions of this 1966 amendatory act. Therefore, the time defendant spent in custody at Ionia must be credited against his sentence.
The same result is required under M.C.L.A. § 769.11b; M.S.A. § 28.1083(2) which states:
'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.'
This statutory provisions is remedial and should be liberally construed to effectuate the statutory purpose sought to be achieved by the Legislature in its enactment. People v. Cohen, 35 Mich.App. 706, 192 N.W.2d 652 (1971); People v. Potts, 46 Mich.App. 538, 208 N.W.2d 583 (1973).
A 'jail' means a place of confinement and a mental hospital...
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...State v. Mackley, 220 Kan. 518, 552 P.2d 628 (1976); State v. La Badie, 87 N.M. 391, 534 P.2d 483 (N.M.App.1975); People v. Gravlin, 52 Mich. App. 467, 217 N.W.2d 404 (1974). At least one court has gone further, ruling that the statute must be interpreted broadly so as "to avoid an unconsti......
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...Model Penal Code (1962), Section 301.1(3), denies credit for time spent in jail as a condition of probation.4 People v. Gravlin (1974), 52 Mich.App. 467, 217 N.W.2d 404, 405.5 State v. Hersman (1978), 161 W.Va. 371, 242 S.E.2d 559, 561.6 State v. Shaw (1979), 202 Neb. 766, 772, 277 N.W.2d 1......
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