Defendant appeals as of right his conviction for assaulting a prison employee, MCL 750.197c; MSA 28.394(3). He was sentenced to serve a term of from 2-1/2 to 4 years in prison which was to be served consecutively to the sentence he was then serving.
Defendant claims that his conviction must be reversed because the trial court lost jurisdiction over him when a trial was not commenced within 180 days as required by MCL 780.131; MSA 28.969(1).
It is clear that the statute does apply to defendant despite the fact that he was incarcerated at the time that he committed the offense. People v Woodruff, 414 Mich 130; 323 NW2d 923 (1982). Since the first. four months of delay which occurred following the expiration of the 180-day period was occasioned by normal docket congestion, and since that delay must be attributed to the prosecution, we are compelled to conclude that the trial court lost jurisdiction to try defendant. People v Moore, 96 Mich App 754, 759; 293 NW2d 700 (1980).
Defendant’s conviction is reversed.