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PEOPLE v. IDZIAK

Docket No. 137301. Calendar No. 4.

773 N.W.2d 616 (2009)

484 Mich. 549

PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Patrick Lawrence IDZIAK, Defendant-Appellant.

Supreme Court of Michigan.

Decided July 31, 2009.

Attorney(s) appearing for the Case

Michael A. Cox, Attorney General, B. Eric Restuccia, Solicitor General, William A. Forsyth, Prosecuting Attorney, Timothy K. McMorrow, Chief Appellate Attorney, and T. Lynn Hopkins, Assistant Prosecuting Attorney, for the people.

State Appellate Defender (by Jeanice Dagher-Margosian), for the defendant.

Michael A. Cox, Attorney General, B. Eric Restuccia, Solicitor General, and Henry Boynton, Assistant Solicitor General, Henry Boynton, Assistant Solicitor General, and Charles C. Schettler, Jr., Assistant Attorney General, for amici curiae the Department of Corrections.

Stuart G. Friedman, Plymouth, for amici curiae Criminal Defense Attorneys of Michigan.

Curtis L. Munson, amici curiae in propria persona.

CORRIGAN, J.

In this case, we consider whether a parolee who is convicted and sentenced to a term of imprisonment for a felony committed while on parole is entitled, under Michigan's jail credit statute, MCL 769.11b, to credit for time served in jail after his arrest on the new offense and before sentencing for that offense. We hold that, under MCL 791.238(2), the parolee resumes serving his earlier sentence on the date he is arrested for the new criminal offense...

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