Sentencing; Good-time credit; MCL 51.282(2); People v Resler; People v Grazhidani; Credit for time served; MCL 769.11b; Judgment of sentence (JOS)

The court held that defendant was entitled to 60 days’ good-time credit and an additional 90 days’ credit for time served, and remanded for the trial court to amend the JOS accordingly. Defendant argued that “the trial court was required to consider his good-time credit days as the equivalent of days he actually served in jail.” The court agreed. It noted that the prosecution made no specific argument as to the issue and merely stated in its brief on appeal that it “defers to the court” on this issue. In Resler, the court “concluded that a defendant is entitled to his good-time credit when his probation is subsequently revoked and he is sentenced on the original charge, reasoning that the Legislature had not revoked good-time credit for conditional probation.” The court determined that “the trial court had exceeded its authority by declining to credit the defendant for 60 days of good time earned in jail.” It has questioned whether Resler was correctly decided. However, the court in Grazhidani “declined to declare a conflict with” Resler. It also declined to do so here, “in part because neither party has even requested that such a conflict be declared. Resler remains binding on this Court, and requires that defendant be granted the good-time credit he was awarded by the sheriff.” Also, the court concluded that the trial court erred by declining to give him credit for the 90 days he served in jail prior to his original sentence. It failed to follow the unambiguous dictate of MCL 769.11b when it sentenced him following his probation revocation.