People v. Anderson

Order Michigan Supreme Court Lansing, Michigan September 12, 2007 Clifford W. Taylor, Chief Justice 133561 Michael F. Cavanagh Elizabeth A. Weaver Marilyn Kelly Maura D. Corrigan PEOPLE OF THE STATE OF MICHIGAN, Robert P. Young, Jr. Plaintiff-Appellee, Stephen J. Markman, Justices v SC: 133561 COA: 276065 Oakland CC: 2004-198650-FH ANTHONY LAMAR ANDERSON, Defendant-Appellant. _________________________________________/ On order of the Court, the application for leave to appeal the March 6, 2007 order of the Court of Appeals is considered and, pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, we REMAND this case to the Oakland Circuit Court to amend the judgment of sentence to reflect 259 days of sentence credit, as conceded by the prosecutor at the sentence hearing for the defendant’s probation violation. Time incarcerated pursuant to a probationary sentence must be credited against a subsequent prison sentence imposed for the violation of probation. See People v Sturdivant, 412 Mich 92 (1981). 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. September 12, 2007 _________________________________________ p0905 Clerk