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No. 137301
| The People of the State of Michigan, |
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T. Lynn Hopkins |
Plaintiff-Appellee, |
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(Appeal from Ct of Appeals) |
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(Kent - Johnston, D.) |
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| Patrick Lawrence Idziak, |
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Jeanice Dagher-Margosian |
Defendant-Appellant. |
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| __________________________________________ |
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Plaintiff-Appellee's Brief on Appeal>>
Defendant-Appellant's Brief on Appeal>>
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CDAM's Amicus Curiae Brief>>
Department of Corrections' Amicus Curiae Brief>>
Background
Patrick Lawrence Idziak was arrested in connection with a bar robbery; he eventually pled guilty to armed robbery and felony-firearm in exchange for the prosecutor’s agreement to dismiss other charges. He was sentenced to 12 to 50 years in prison for the robbery, consecutive to the mandatory two-year term for felony firearm. Idziak had been on parole at the time of his robbery, and the sentences imposed were consecutive to the sentences for which he was on parole. Idziak was incarcerated from the time of his arrest until sentencing. There was no mention of jail credit at sentencing, and the judgment of sentence does not show any jail credit for either offense. Idziak filed a timely post-judgment motion for resentencing, alleging that jail credit was mandatory under MCL 769.11b and, in the alternative, that the judge had discretion to award such credit. The trial judge denied that motion, concluding that he did not have discretion to award jail credit. The Court of Appeals denied Idziak’s subsequent application for leave to appeal for lack of merit. Idziak appeals.
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