People v. Ranson , 153 Mich. App. 157 ( 1986 )

R. M. Maher, P.J.

(Concurring in part and dissenting in part). I respectfully dissent from that portion of the majority’s opinion which holds that a defendant is entitled to sentence credit only from the time the Michigan authorities actually placed a "hold” on the defendant.

I believe a defendant is entitled to credit for time served from the date when a "hold” could have been placed, for the reason stated in People v Turner, 130 Mich App 646, 651-652; 344 NW2d 34 (1983):

Once the Michigan authorities have issued a warrant and know where the defendant is being held, they should place a "hold” at that time; a defendant should not be penalized by any administrative delay in placing a "hold” through the loss of sentence credit which would have been received had a "hold” been promptly issued. See also, People v Coyle, 104 Mich App 636, 647-648; 305 NW2d 275 (1981), lv den 415 Mich 851 (1982).

I am convinced that the rule followed in Turner and Coyle remains viable notwithstanding the Supreme Court’s decision in People v Prieskorn, 424 Mich 327, 344; 381 NW2d 646 (1985).

In the instant case, however, the result is the same under either rule. As the majority notes, the "hold” was placed on the same day that the Michigan authorities learned of defendant’s incarceration in Illinois. Thus, I agree with the majority’s conclusion that defendant is entitled to a sentence credit of 592 days.