March 13, 2019, at Detroit.
Circuit Court, LC No. 2017-264893-FH, Phyllis C. McMillen, J.
Nessel, Attorney General, Fadwa A. Hammoud, Solicitor
General, Jessica R. Cooper, Prosecuting Attorney, Thomas R.
Grden, Appellate Division Chief, and Joshua J. Miller,
Assistant Prosecuting Attorney, for the people.
Appellate Defender (by Michael L. Mittlestat) for Thomas R.
Shapiro, P.J., and Beckering and M. J. Kelly, JJ.
Mich.App. 704] The prosecution appeals by leave
granted an amended judgment of sentence
entered [327 Mich.App. 705] by the trial court. For the
reasons stated in this opinion, we vacate the amended
judgment of sentence.
on parole for an unarmed-robbery conviction, defendant was
arrested for domestic violence. He pleaded no contest to
domestic violence, third offense, MCL 750.81(5), which is a
felony. On February 15, 2018, the trial court
sentenced defendant to a year in jail. At sentencing, the
court stated that the sentence was "consecutive to a
parole violation." The judgment of sentence also stated,
"Sentence consecutive to parole violation."
(Capitalization omitted.) But the judgment of sentence
provided that defendants sentence would begin on February
result of his parole violation, defendant returned to prison
to serve the remaining few months of his prior sentence for
unarmed robbery. He was discharged on August 17, 2018, and
transferred to the Oakland County jail.
October 17, 2018, defendant moved to amend the judgment of
sentence or for the issuance of a writ of habeas corpus.
Defendant explained that the Oakland County jail was
interpreting the judgment of sentence to mean that his
domestic-violence sentence began when he arrived at the jail
on August 17, not on February 15 as provided by the judgment
of sentence. Defendant requested that the trial court remove
the "consecutive to parole violation" language from
the judgment of sentence.
hearing oral argument, the trial court agreed with defendant
that his sentence for domestic violence [327 Mich.App. 706]
should have begun to run on the date of sentencing.
Accordingly, it granted defendants motion and amended the
judgment of sentence to provide, "Sentence consecutive
to parole violation. Defenant [sic] shall begin to ...