Order Michigan Supreme Court
Lansing, Michigan
January 28, 2011 Robert P. Young, Jr.,
Chief Justice
139833 Michael F. Cavanagh
Marilyn Kelly
Stephen J. Markman
Diane M. Hathaway
Mary Beth Kelly
PEOPLE OF THE STATE OF MICHIGAN, Brian K. Zahra,
Plaintiff-Appellee, Justices
v SC: 139833
COA: 284670
Wayne CC: 96-004431-2
JOHN VINCENT JONES,
Defendant-Appellant.
_________________________________________/
On January 20, 2011, the Court heard oral argument on the application for leave to
appeal the August 25, 2009 judgment of the Court of Appeals. MCR 7.302(H)(1). In
lieu of granting leave to appeal, we REVERSE the judgment of the Court of Appeals and
REINSTATE the April 3, 2008 order of the Wayne Circuit Court granting the defendant
credit for time served. The defendant absconded on bond pending appeal after he was
sentenced and was arrested on the outstanding warrant by federal authorities, who also
held him to answer for federal crimes. The prosecution concedes that the federal
sentence ultimately imposed for those charges is concurrent to the defendant’s sentence
in this case. Significantly, the trial court awarded the defendant credit only for time
served after sentencing, while held in federal custody. Although he had absconded on
bond, once he was taken into custody, he began serving his sentence in this case
immediately. See People v Gallagher, 404 Mich 429, 439 (1979), and In re Carey, 372
Mich 378 (1964). Therefore, the date on which the defendant began serving his
concurrent federal sentence is irrelevant, and he is entitled to credit for all time during
which he was incarcerated after being sentenced in this case. Accordingly, we ORDER
the circuit court to amend the judgment of sentence to set the sentence to begin on May
12, 2006, the day the defendant was taken into federal custody on the warrant, plus four
days of credit for time served prior to sentencing in 2000.
I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
January 28, 2011 _________________________________________
y0125 Clerk