People v. Biniecki

Defendant, while serving a prison sentence at Cassidy Lake, took French leave. Upon his plea of guilty to the charge of escape, 1 he was given a sentence of one year. Soon after his return to prison the corrections commission informed the trial judge that the sentence was invalid under MCLA § 769.28 (Stat Ann 1971 Cum Supp § 28.1097 [1]). Thereupon the defendant was returned to the trial court and, over objection, the sentence was changed to provide for a minimum term of one year and a maximum term of five years.

The defendant claims that the one-year sentence first imposed is valid and cannot…