Order Michigan Supreme Court
Lansing, Michigan
May 26, 2010 Marilyn Kelly,
Chief Justice
140360 Michael F. Cavanagh
Elizabeth A. Weaver
Maura D. Corrigan
Robert P. Young, Jr.
Stephen J. Markman
PEOPLE OF THE STATE OF MICHIGAN, Diane M. Hathaway,
Plaintiff-Appellee, Justices
v SC: 140360
COA: 294023
Macomb CC: 2008-001647-FH
THOMAS STANLEY PALUCH,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the November 16, 2009
order of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of
granting leave to appeal, we REMAND this case to the Macomb Circuit Court for a
determination of whether the defendant is entitled to credit for time served between his
March 28, 2008 arraignment on the warrant and his June 1, 2009 sentencing in this case.
Typically, the defendant would not be entitled to jail credit for time served for an
unrelated offense or pursuant to a parole detainer. See People v Idziak, 484 Mich 549
(2009) and People v Adkins, 433 Mich 732, 742, 748-751 (1989). However, the record is
unclear as to whether the defendant was promised jail credit as part of a plea bargain.
When the court asked the defendant, pursuant to MCR 6.302(C)(4)(a), whether there had
been any other promises or inducements for his plea, the defendant responded by
asserting that he had been promised a concurrent sentence “. . . [w]ith credit that I’ve
already done.” The court responded, “Your current sentence.” On remand, the court
shall determine whether the plea bargain included an agreement that the defendant would
receive jail credit toward the sentence in this case. The court shall specifically ascertain
(1) whether the prosecution and defense counsel intended to make jail credit a part of the
plea agreement, (2) whether the defendant reasonably understood that he would receive
credit for time served on the sentences in this case, and (3) whether the court intended to
convey to him that he would receive such credit.
We do not retain jurisdiction.
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.
May 26, 2010 _________________________________________
y0519 Clerk