Dеfendant Charles Parker was found guilty of attempted larceny in a building 1 *402 following acceptance of his plea of guilty. Defendant brings this appeal.
On March 10, 1966, an adding machine was stolen frоm a store in Livonia. Two days later a complaint was issued against defendant and another man. On June 14, 1966, defendant wras arraigned and a plea of not guilty was entered upon his standing mute.
Defendant was released on bond. While out on bond defendant was arrested for another crime, tried, convicted and sentenced to a term of two to five years. On March 31, 1967, he entered Jackson prison to serve that sentence.
On March 13, 1968, the prosecutor petitioned for, and was granted, a writ of habeas corpus to have defendant released from Jackson to stand trial for the thеft of the adding machine. Defendant pleaded guilty to the lesser included offense of attempted larceny in a building on April 19, 1968.
The sole issue raised on this appeal is the applicаbility of the “180-day” rule contained in MOLA § 780.131 (Stat Ann 1969 Cum Supp § 28.969[1]). The first section of the statute reads:
“Whenever the department of corrections shall receive notice that there is pending in this state any untried warrant, indictment, information or complaint setting forth against any inmate of a penal institution of this state a criminal offense for which a prison sentence might be imposed upon сonviction, such inmate shall be brought to trial within 180 days after the department of corrections shall cause to be delivered to the prosecuting attorney of the county in which such warrant, indictment, information or complaint is pending written notice of the place of imprisonment of such inmate and a request for final disposition of such warrant, indictment, information or cоmplaint. The request shall be accompanied by a statement setting forth the term of commitment under which the prisoner *403 is being held, the time already served, the time remaining to be served on thе sentence, the amount of good time earned, the time of parole eligibility of the prisoner and any decisions of the parole hoard relating to the prisoner. The written notice and statement provided herein shall be delivered by certified mail.”
The policy behind this statute has been set forth in prior cases. In
People
v.
Williams
(1968),
“The statute seeks to secure to those serving sentences in a state prison the enjoyment of the rule of law which, in the absence of a statute otherwise providing, prohibits imposition of a sentence to commence upon сompletion or expiration of another sentence. In re Carey (1964),372 Mich 378 , 380.”
See, also,
People
v.
Loney
(1968),
The key element required of the prosecutor under the statute to keep the case alive is continued good-faith action. As stated in
People
v.
Hendershot
(1959),
“Clearly, if no action is taken and no trial occurs within 180 days, the statute applies. If some preliminary step or action is taken, followed by inexcusable delay beyond the 180-day period and an evident intent nоt to bring the case to trial promptly, the statute opens the door to a finding by the court that good-faith action was not commenced as con *404 templated by § 3, thus requiring dismissal. The statute dоes not require the action to be commenced so early within the 180-day period as to insure trial or completion of trial within that period. If, as here, apparent good-faith action is taken well within the period and the people proceed promptly and with dispatch thereafter toward readying the case for trial, the condition of the statute fоr the court’s retention of jurisdiction is met.”
See, also,
People
v.
Castelli
(1963),
In the instant case it is clear that the 180-day rule was not met. No action whatsoever was taken by the prosecutor following defendant’s imprisonment on the second charge on March 31, 1967, until March 13, 1968. 3 The prosecutor offers this Court no excuse for the delay of nearly a year.
The prosecutor, however, does argue that the issuе has been waived both by defendant’s failure to raise the issue below and by his pleading to the information. We disagree.
The third section of the “180-day” rule statute (MCLA § 780.133 [Stat Ann 1969 Cum Supp § 28.969 (3)]) reads:
“In the event that, within the time limitation set forth in section 1 of this act, action is not commenced on the matter for which request for disposition was made, no court of this state shall any longer have jurisdiction thereof, nor shall the untried warrant, indictment, information or complaint be of any further force or effect, and the court shall enter an order dismissing the same with prejudice.”
The clear import of this section is to deny jurisdiction to the courts where the provisions of § 1 are not met.
*405
In
Nichols
v.
Houghton Circuit Judge
(1915),
“The authority is uniform that jurisdiction of the subject-matter cannot be conferrеd by consent of the parties, or by want of objection, upon a court, where, by statute, it has none. 1 Bishop’s New Criminal Procedure, § 123, stated the rule as follows:
“ ‘Jurisdiction comes solely from thе law, in no degree from consent of litigants. So that neither consent nor anything else can authorize a court to act in a cause outside the sphere which the law has ordained for it.’ ”
See, also, 1 Gillespie, Mich Criminal Law & Procedure (2d ed), § 60.
Defendant was incapable of conferring on the trial court the jurisdiction which had been removed by statute. The trial court was without jurisdiction to accept the guilty plea and the untriеd complaint, upon which the case was based, was void at the time of the plea. The plea was, therefore, without effect and cannot act as an estoppel. By the terms of the *406 statute the only proper action for the trial court was to enter an order dismissing the case with prejudice.
The prosecutor also argues “that no notification to the involved department was received prior to the time defendant was brought back to [Wayne County] * * * March 13, 1968, for trial on the matter now at bar.” 6 The argument is based on the following languagе of the statute:
“Whenever the department of corrections shall receive notice that there is pending in this state any untried warrant * * * against any inmate * * * such inmate shall be brought to trial within 180 days after the department of corrections shall cause to be delivered to the prosecuting attorney of the county in which such warrant, * * * is pending-written notice of the placе of imprisonment of such inmate and a request for final disposition of such warrant.”
A similar argument was raised in
People
v.
Farmer
(1969),
“The people contend that the statute is not applicable because the record does not indicate when the required written notice was sent to the department of corrections, nor when the required certified letter was sent from the department of corrections to the Wayne county prosecutor.”
In rejecting the argument this Court cited our prior decision in
People
v.
Haynes
(1967),
“The prosecutor in a case which originated in his county is certainly charged with a duty to keеp his *407 own records up to date and to give the department notice of the proceedings if he is desirous of receiving information from the department pursuant thereto. If the prosecutor did not give the department the necessary information, it would follow that the department could not be expected to give him subsequent notice.”
The statute implicitly places a duty on the prosecutor to notify the Department of Corrections within a reasonable time that an untried warrant, indictment, information or complaint is outstanding against the defendаnt and a duty on that department to respond. A breach of these duties cannot be later raised to bar application of the statute and, thereby, frustrate the intent of the legislaturе.
Judge Quinn concurs in this opinion although it is contrary to his views as expressed in
People
v.
Haynes
(1967),
Eeversed.
Notes
MCLA § 750.360 (Stat Ann 1954 Rev § 28.592), and MCLA § 750.92(3) (Stat Ann 1962 Rev § 28.287[3]).
This Court, in
People
v.
Loney
(1968),
“The purpose of the statute is clear. It was intended to give the inmate, who had pending offenses not yet tried, an opportunity tо have the sentences run concurrently consistent with the principle ’ of law disfavoring accumulations of sentences.”
Indeed, we note that other than the return of service for several subpoenas in October and November of 1966, no action was taken by the prosecutor in the instant case between the arraignment in June, 1966, and the motion for the writ of habeas corpus in March, 1968, some 21 months later.
Nichols
v.
Houghton Circuit Judge
(1915),
Among the authorities cited by the Court in
Nichols, supra,
is
Perkins
v.
Perkins
(1913),
The only letter from the Department of Corrections is one addressed to defendant’s attorney dated October 14, 1968 and stating infer alia: “We received no notification relating to the attempted larceny from a building charge prior to his being released to stand trial.”