People v. Tyrpin

Defendant appeals of right the trial court’s failure, on resentencing, to award him the good-time credit, MCL 51.282(1) and (2), he earned on his original sentence that was later determined to be illegal. See People v Tyrpin, unpublished opinion per curiam of the Court of Appeals, issued April 15, 2003 (Docket No. 243603). We affirm and hold that good-time credit earned in conjunction with an illegal sentence cannot be applied to his sentence on resentencing.

I. PERTINENT FACTS

Defendant was convicted by a jury of third-degree criminal sexual conduct (CSC), MCL 750.520d(l)(a) (sexual…