Motion to receive 120 days’ jail credit; Waived issue; MCR 7.12(B)(1)(a)

The court concluded that because “defendant failed to provide the Court with the transcript needed to determine the parties’ intent at the time of entering the plea agreement, the” key issue was waived. He argued “on appeal that the trial court erred by denying his motion to receive 120 days’ jail credit.” There was “no dispute that defendant voluntarily entered into a plea agreement and understandingly waived 120 days’ credit for time served in exchange for a reduced sentence.” He argued that he was “entitled to an extra 120 days’ credit pursuant to MCL 769.11b regardless of his plea agreement. At first glance, the fact that [he] violated his probation does not affect the waiver of credit for time served; defendant bargained away the credit in exchange for probation.” His brief on appeal was “not a model of clarity, and, unfortunately, the prosecutor chose not to file a brief.” Defendant did “not appear to argue that he did not waive the credit, and he has not cited any support to suggest that he could not waive time credit under MCL 769.11b.” Rather, the issue that appeared to be before the court was “whether the parties intended for waiver of credit provided by MCL 769.11b to remain a condition in the event defendant violated his probation.” The court noted that the “plea agreement was not provided to this Court as part of the lower record. Despite the Court’s two requests that defense counsel provide a transcript of the pretrial conference detailing the terms of his plea agreement, counsel declined to provide it. In fact, counsel acknowledged that any issues requiring the pretrial conference transcript would be waived. ‘Failure to provide this Court with [a] relevant transcript, as required by MCR 7.12(B)(1)(a), constitutes a waiver of the issue.’” Affirmed.