MCL 750.317 Example Case

In People v. Street, unpublished opinion per curiam of the Court of Appeals, issued October 4, 1996 (Docket No. 185110), another panel of this Court reversed defendant's convictions of second-degree murder, MCL 750.317; MSA 28.549, assault with intent to murder, and felony-firearm, and remanded the case for a new trial. On remand, defendant pleaded nolo contendere to the charges of assault with intent to murder and felony-firearm. The trial court sentenced defendant to seven to twelve years in prison for the assault conviction, and to the mandatory two-year term for the felony-firearm conviction, with credit for 2,198 days. On appeal, defendant argues that the trial court erred in calculating the sentence credit, and that he was entitled to 2,410 days' credit. Defendant asserts that he was entitled to credit from May 1, 1991, the date of his arrest on the instant charges, to December 4, 1997, the date of his resentencing, for time served in pre-trial detention when he was unable to post bond, MCL 769.11b; MSA 28.1083(2), and for time served on the voided original sentence. MCL 769.11a; MSA 28.1083(1); People v. Lyons (After Remand), 222 Mich App 319, 321; 564 NW2d 114 (1997).