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PEOPLE OF MI V RAYMOND WAYNE MAGEE
State: Michigan
Court: Court of Appeals
Docket No: 211763
Case Date: 08/10/1999
Preview:STATE OF MICHIGAN
COURT OF APPEALS


PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v RAYMOND WAYNE MAGEE, Defendant-Appellant.

UNPUBLISHED August 10, 1999

No. 211763 Macomb Circuit Court LC No. 95-003135 FH & 95-003136 FH

Before: Sawyer, P.J., and Holbrook, Jr., and W. E. Collette,* JJ. MEMORANDUM. Defendant appeals by right his guilty plea based convictions for two counts of attempted second-degree criminal sexual conduct, MCL 750.520c(1)(a); MSA 28.788(3)(1)(a), MCL 750.92; MSA 28.287. We affirm. This appeal is being decided without oral argument pursuant to MCR 7.214(E). On appeal, defendant asserts that the trial court abused its discretion in failing to grant him sentence credit for time served in jail on a different offense. We disagree. A defendant is entitled to sentence credit only for time served as a result of being denied bond for the offense for which he is convicted. People v Adkins, 433 Mich 732, 746; 449 NW2d 400 (1989); People v Prieskorn, 424 Mich 327; 381 NW2d 646 (1985). However, a sentencing judge may grant sentence credit for time served on an unrelated offense should it be decided that such credit is warranted. Adkins, supra at 751, n 10. Defendant was involved in a series of predatory sexual crimes involving children. The trial court properly considered defendant's behavior in declining to grant the additional sentence credit. There is no showing that the trial court abused its discretion. Adkins, supra at 751, n 10. Affirmed.

* Circuit judge, sitting on the Court of Appeals by assignment. -1

/s/ David H. Sawyer /s/ Donald E. Holbrook, Jr. /s/ William E. Collette

-2

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