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160594 - People v Erick Rosean Allen

The People of the State of Michigan,

 

Alexis Gipson-Goodnough

 

Plaintiff-Appellee,

 

v

(Appeal from Ct of Appeals)

 

 

(Monroe – Weipert, M.)

 

Erick Rosean Allen,

 

Lindsay Ponce

 

Defendant-Appellant.

 

Summary

The defendant was convicted of possessing less than 25 grams of cocaine and was sentenced as a fourth-offense felony offender to 2.5 to 15 years in prison.  He was on parole when he committed the cocaine possession offense.  The defendant claimed he was entitled to credit against his prison term for the 16 days he spent in jail before a parole detainer was lodged against him.  The prosecution conceded in the Court of Appeals that the defendant was entitled to this credit, but a majority of the panel rejected this concession, holding in a published opinion that, under People v Idziak, 484 Mich 549 (2009), the defendant, as a parolee, was not entitled to this credit.  The Supreme Court has ordered oral argument on the application to address:  (1) whether this Court’s holding Idziak encompasses parolees who are arrested for a new offense but are not subject to a parole detainer; if so, (2) whether that part of Idziak’s holding was correctly decided; and (3) whether the defendant has established plain error affecting his substantial rights.​