People v. Thomas

• Decision Date: 27 January 1975
• Docket Number: Docket Nos. 18495--18496,No. 1,1
• Citation: People v. Thomas, 58 Mich.App. 9, 226 N.W.2d 734 (Mich. App. 1975)
• Parties: PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Ervin L. THOMAS, Defendant-Appellant
• Court: Court of Appeal of Michigan

Page 734

226 N.W.2d 734

58 Mich.App. 9

PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Ervin L. THOMAS, Defendant-Appellant.

Docket Nos. 18495--18496.

Court of Appeals of Michigan, Division No. 1.

Jan. 27, 1975.

Released for Publication March 19, 1975.

George W. Schudlich, Detroit, for defendant-appellant.

Frank J. Kelley, Atty. Gen., Robert A. Derengoski, Sol. Gen., William L. Cahalan, Pros. Atty., Dominick R. Carnovale, Chief Appellate Div., Arthur N. Bishop, Asst. Pros. Atty., for plaintiff-appellee.

Before R. B. BURNS, P.J., and BRONSON and CAVANAGH, JJ.

R. B. BURNS, Judge.

Defendant, 16-years old, was charged with armed robbery, M.C.L.A. § 750.529; M.S.A. § 28.797, and breaking and entering an occupied dwelling, M.C.L.A. § 750.110; M.S.A. § 28.305. He pled guilty to the reduced charges of felonious assault, M.C.L.A. § 750.82; M.S.A. § 28.277 and attempted breaking and entering, M.C.L.A. § 750.92; M.S.A. § 28.287.

Defendant raises five grounds in his appeal. Only one ground merits discussion. The other grounds are deemed waived, abandoned or are not substantiated by the record.

Is a juvenile who is convicted of a crime entitled to credit for time spent in juvenile detention facilities?

The defendant was given credit for 43 days spent in the Wayne County jail. He was not given credit for any time spent in the juvenile detention facility.

M.C.L.A. § 769.11b; M.S.A. § 28.1083(2), reads as follows:

'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.'

We have no precedent for this particular situation in Michigan. However, in People v. Gravlin, 52 Mich.App. 467, 217 N.W.2d 404 (1974), the Court stated on page 469, 217 N.W.2d on page 405:

'This statutory provision is remedial and should be liberally construed * * *.

'A 'jail' means a place of confinement and a mental hospital is such a place.'

We think a juvenile detention facility is such a place and the defendant should receive credit for time spent in such an institution.

Defendant has failed to submit any record showing that he spent any time in a juvenile detention center. However, from the facts of the case, it may be conjectured that he might have spent time at the facility.

These cases are remanded to the trial court for a...