182 Mich. App. 184 | Mich. Ct. App. | 1989
Defendant pled guilty to uttering and publishing, MCL 750.249; MSA 28.446, and was sentenced to five to fourteen years of imprisonment. He appeals as of right. We affirm.
The uttering and publishing offense occurred on June 30, 1988. Defendant’s guilty plea was entered on October 17, 1988, and he was sentenced on November 22, 1988. On June 7, 1988, the Supreme Court entered Administrative Order No. 1988-4, authorizing issuance of the second edition of the sentencing guidelines, to be effective October 1, 1988. 430 Mich ci (1988). Defendant was sentenced under the second edition guidelines. On appeal, defendant contends that, because the offense occurred while the first edition of the guidelines was in effect, he should have been sentenced under that edition. We disagree.
Under the express language of the administrative order, "every judge of the circuit court and of
Defendant next contends that the trial court erred in failing to give him credit for time served between the date of his arraignment on the uttering and publishing charge and the date of sentencing. Defendant’s claim is based on the following facts. On July 8, 1988, defendant was arrested on a charge of felonious assault and jailed. At the time, defendant was on parole. On July 21, 1988, defendant was arraigned on the assault charge and was placed under a parole detained. Defendant was arraigned on the instant uttering and publishing charge on July 26, 1988. Subsequently, bond was set in the uttering and publishing case, but because of the detainer defendant remained in jail. Defendant pled guilty to both charges in October, 1988. He was sentenced on the assault conviction on November 17, 1988, receiving credit for time served since July 8. He was sentenced in the instant case on November 22, 1988, and did not receive credit for time served.
Affirmed.