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PEOPLE v. WHITTED

Docket No. 142655.

199 Mich. App. 459 (1992)

502 N.W.2d 328

PEOPLE v. WHITTED

Michigan Court of Appeals.

Decided December 4, 1992.

Approved for publication April 22, 1993, at 9:20 A.M.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, John D. O'Hair, Prosecuting Attorney, Timothy A. Baughman, Chief of Research, Training, and Appeals, and Jeffrey Caminsky, Assistant Prosecuting Attorney, for the people.

State Appellate Defender (by Jennifer A. Pilette), for the defendant on appeal.

Before: R.J. DANHOF, P.J., and J.H. GILLIS and W.R. BEASLEY, JJ.

PER CURIAM.

Defendant pleaded guilty of delivery of less than fifty grams of cocaine, MCL 333.7401(2)(a)(iv); MSA 14.15(7401)(2)(a) (iv), and was sentenced to three to fifteen years' imprisonment. He appeals as of right. We remand for resentencing. This case has been decided without oral argument pursuant to MCR 7.214(E)(1)(b).

Electronic tethering is not, by definition, imprisonment in the county jail, and, therefore, not a prohibited condition under MCL...

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