People v. Sturdivant

D. C. Riley, P.J.

On October 3, 1977, defendant was plea-convicted of larceny in a building, contrary to MCL 750.110; MSA 28.305. He was subsequently sentenced to four years of probation, including six months in the Crawford County jail and was given credit for 30 days served prior to *713sentencing. On May 31, 1978, he was arrested for violating his probation. Defendant’s probation was revoked at a hearing held on July 10, 1978, at which time he was sentenced to 32 to 48 months in prison, with credit for time served between his second arrest and sentence. Defendant now appeals as of right, claiming that he was improperly denied credit, at this second sentencing, for time served prior to and during his first sentence.

The Michigan statute, MCL 769.11b; MSA 28.1083(2), provides for presentence credit under certain limited circumstances:

"Whenever any person is hereafter convicted of any crime within this state and has served any time in jail prior to sentencing because of being denied or unable to furnish bonds for the offense of which he is convicted, the trial court in imposing sentence shall specifically grant credit against the sentence for such time served in jail prior to sentencing.”

Defendant first contends that this statute mandates credit against his second sentence for the 30-day period served prior to sentencing on the offense of larceny in a building. Although this period falls literally under the statute in that it was "prior to sentencing” (after the probation violation), we will not interpret the statute in this manner. Defendant has already received the 30-day credit against his original sentence. We believe that the statute only envisions a one-time issuance of credit rather than any multiple grant for the same period. Defendant’s contrary claim must therefore be rejected.

Defendant also asserts that he should receive credit for the six months served in jail pursuant to the initial sentence.

The probation statute provides that:

*714"In case such probation order is terminated or revoked the court may proceed to sentence such probationer in the same manner and to the same penalty as it might have done if such probation order had never been made.” MCL 771.4; MSA 28.1134.

It is clear that the statute’s legislative intent is to allow the imposition of full punishment following probation revocation regardless of any previous sentence. People v Stange, 91 Mich App 596, 599; 283 NW2d 806 (1979). The portion of probation served in jail need not be credited against any term imposed for violation of probation. Stange, supra, 589-599, People v Lacy, 54 Mich App 471, 473-474; 221 NW2d 199 (1974), People v Jaynes, 23 Mich App 360, 361-362; 178 NW2d 558 (1970). Thus, defendant is not entitled to credit against his present sentence for jail time served under the original sentence.

Affirmed.

R. B. Burns, J., concurred.