People v. Smith

Judge Allen and I are in agreement with that portion of Judge Kelly’s opinion which affirms the conviction. We agree with the language set forth therein and the reasoning embodied in his opinion for affirmance.

We further agree that the defendant should receive any credit for time served to which he may be entitled. GCR 1963, 785.8(3), People v Peterson, 62 Mich App 258; 233 NW2d 250 (1975).

We, however, disagree with Judge Kelly’s determination that the trial court erred when sentencing defendant by failing to provide him with an opportunity to inform the court of any specific or mitigating…