People v. Williams, 620 N.W.2d 906 (Mich. Ct. App. 2001). · Go Syfert
People v. Williams, 620 N.W.2d 906 (Mich. Ct. App. 2001). Cases Citing This Book View Copy Cite
28 citation events (28 in the last 25 years) across 2 distinct courts.
Strongest positive: People of Michigan v. Tarone Devon Washington (michctapp, 2017-07-06)
Treatment trajectory · 2001 → 2026 · click a year to view as-of
2001 2013 2026
Top citers, strongest first. 3 distinct citers. How cited ↗
examined Cited as authority (rule) People of Michigan v. Tarone Devon Washington (3×) also: Cited "see"
Mich. Ct. App. · 2017 · confidence medium
Williams, 243 Mich App at 334, 335 .
examined Cited as authority (rule) People of Michigan v. Tarone Devon Washington (3×) also: Cited "see"
Mich. Ct. App. · 2017 · confidence medium
Williams, 243 Mich App at 334, 335 .
examined Cited "see, e.g." People v. Lawrence (3×)
Mich. Ct. App. · 2001 · signal: see, e.g. · confidence low
See, e.g., People v. Williams, 243 Mich.App. 333, 334-335 , 620 N.W.2d 906 (2000); People v. Pfeiffer, 177 Mich.App. 170, 172 , 441 N.W.2d 65 (1989) (two cases in which this Court found the statute applicable to situations where convicted defendants failed to appear for sentencing after being released on bond).
Retrieving the full opinion text from the archive…
People
v.
Williams
Docket 224612.
Michigan Court of Appeals.
Jan 10, 2001.
620 N.W.2d 906
Jennifer M. Granholm, Attorney General, Thomas L. Casey, Solicitor General, Cris J. Van Oosterum, Prosecuting Attorney, and Catherine M. Davis, Assistant Attorney General, for the people., State Appellate Defender (by Anne Yantus), for the defendant on appeal.
Fitzgerald, Hood, McDonald.
Cited by 7 opinions  |  Published
Per Curiam.

Defendant pleaded guilty to a charge of resisting arrest, MCL 750.479; MSA 28.747, but failed to appear for sentencing. He was subsequently arrested and charged with absconding on a felony bond, MCL 750.199a; MSA 28.396(1). Defendant moved to quash the information on the ground that the misdemeanor offense of resisting arrest, which is punishable by imprisonment for not more than two years, could not support a charge of absconding on a felony bond. After the trial court denied the motion to quash, defendant pleaded guilty of the absconding on bond charge and was sentenced to serve two consecutive terms of two years’ probation with six months to be served in jail. Defendant appeals by leave granted. We vacate the absconding conviction and sentence and remand for further proceedings.

The purpose of the Penal Code is to “define crimes and prescribe the penalties therefor.” Preamble, MCL 750.1 et seq.; MSA 28.191 et seq. The Penal Code defines a “felony” as an “offense for which the offender, on conviction may be punished by death, or by imprisonment in state prison,” MCL 750.7; MSA 28.197, and defines a “misdemeanor” as an act or omission that is not a felony, which is punishable by fine, penalty, forfeiture, or imprisonment, MCL 750.8;[*335] MSA 28.198, or an act prohibited by a statute that imposes no penalty for the violation, MCL 750.9; MSA 28.199. Although a misdemeanor that may result in two years’ imprisonment may be deemed a felony for purposes of the habitual offender, probation, and consecutive sentencing provisions of the Code of Criminal Procedure, MCL 760.1 et seq.) MSA 28.841 et seq., it cannot be deemed a felony for purposes of the Penal Code. People v Smith, 423 Mich 427, 434; 378 NW2d 384 (1985). Resisting arrest is by definition a misdemeanor under the Penal Code, MCL 750.479; MSA 28.747, and, therefore, cannot serve as a felony for purposes of establishing the dime of absconding on a felony bond. Cf. People v Baker, 207 Mich App 224, 225; 523 NW2d 882 (1994) (resisting arrest, a misdemeanor punishable by imprisonment for not more than two years, cannot support a charge of possession of a firearm during the commission of a felony). Thus, we vacate defendant’s plea-based conviction and sentence for absconding on a felony bond and remand this matter to the trial court for entry of a conviction of the misdemeanor offense of breaking or escaping from lawful custody under any criminal process, MCL 750.197a; MSA 28.394(1), [1] and for resentencing on that conviction. See People v Jones, 190 Mich App 509, 514; 476 NW2d 646 (1991).

Defendant’s conviction and sentence for absconding on bond are vacated and the matter is remanded[*336] to the trial court for proceedings consistent with this opinion. Jurisdiction is not retained.

1

MCL 750.197a; MSA 28.394(1) provides:

Any person who shall break or escape from lawful custody under any criminal process, including periods while at large on bail, shall be guilty of a misdemeanor punishable by imprisonment in the county jail for not more than 1 year, or by a fine of not more than $500.00.