Mich. Comp. Laws » Michigan Compiled Laws / Chapter 769 / Act 175 of 1927
Michigan Compiled Laws

Mich. Comp. Laws § 769.11a (2026)

Void sentence; trial judge to credit time served.

✓ current as of July 2026
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THE CODE OF CRIMINAL PROCEDURE


Act 175 of 1927


769.11a Void sentence; trial judge to credit time served.

Sec. 11a.

    Whenever any person has been heretofore or hereafter convicted of any crime within this state and has served any time upon a void sentence, the trial court, in imposing sentence upon conviction or acceptance of a plea of guilty based upon facts arising out of the earlier void conviction, shall in imposing the sentence specifically grant or allow the defendant credit against and by reduction of the statutory maximum by the time already served by such defendant on the sentence imposed for the prior erroneous conviction. Failure of the corrections commission to carry out the terms of said sentence shall be cause for the issuance of a writ of habeas corpus to have the prisoner brought before the court for the taking of such further action as the court may again determine.

History: Add. 1954, Act 205, Eff. Aug. 13, 1954 ;-- Am. 1965, Act 67, Imd. Eff. June 22, 1965

Notes of Decisions
Cited in 23 cases (1 in the last 5 years), 1954–2021 · leading case: Moore v. Parole Bd., 154 N.W.2d 437 (Mich. 1967).
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Moore v. Parole Bd., 154 N.W.2d 437 (Mich. 1967). · cites it 5× “I am unable to agree with Justice Souris that the word “may” as used in PA 1954, No 205 (CLS 1961, § 769.11a [Stat Ann 1954 Rev § 28.1083(1) ]) should be construed to mean “shall”.”
People v. Tyrpin, 710 N.W.2d 260 (Mich. Ct. App. 2005). · cites it 2× “In support of his position that the trial court should have applied his 61 days of good-time credit to his sentence on resentencing, defendant relies on MCL 769.11a and 769.11b. MCL 769.11a provides: Whenever any person has been heretofore or hereafter convicted of any crime…”
People v. Erwin, 536 N.W.2d 818 (Mich. Ct. App. 1995). “See MCL 769.11a; MSA 28.1083(1). On June 22, 1993, defendant pleaded guilty 2 in *59 the present case in the 45-A District Court of ouil, second offense, and of operating a motor vehicle with a suspended or revoked license, a violation of §904 of the Vehicle Code, MCL 257.”
People v. Lyons, 564 N.W.2d 114 (Mich. Ct. App. 1997). “In addition, when a void sentence is set aside and a new sentence is imposed, any time served with regard to the void sentence must be credited against the sentence then imposed MCL 769.”
People v. Gauntlett, 352 N.W.2d 310 (Mich. Ct. App. 1984). “MCL 769.11a; MSA 28.1083(1). Lastly, we emphasize that we intend the judge on resentencing to exercise the fullest range of discretion available under law, limited only by our holding here that probation was not an appropriate sentence in this case.”
People v. Poole, 151 N.W.2d 365 (Mich. Ct. App. 1967). “305), 2 CLS 1961, § 769.11a, since amended by PA 1965, No 67 (Stat Ann 1965 Cum Supp § 28.”
Attorney Gen. v. Recorder's Court Judge, 67 N.W.2d 708 (Mich. 1954). “” After decisions in the Doelle and DeMeerleer Cases, the legislature enacted PA 1954, No 205 (CL 1948, § 769.11a [Stat Ann 1954 Cum Supp § 28.1083(1)]), which reads: “Whenever any person has been heretofore or hereafter convicted of any crime within this State and has served…”
People v. Mulier, 162 N.W.2d 292 (Mich. Ct. App. 1968). “8 CLS 1961, § 769.11a, as amended by PA 1965, No 67 (Stat Ann 1968 Cum Supp § 28.”
People v. Sims, 195 N.W.2d 766 (Mich. Ct. App. 1972). · cites it 2× “1083 [1]) provides: “Whenever any person has been heretofore or hereafter convicted of any crime within this state and has served any time upon a void sentence, the trial court, in imposing sentence upon conviction or acceptance of a plea of guilty based upon facts arising out…”
People v. Dorsey, 310 N.W.2d 244 (Mich. Ct. App. 1981). “3; MSA 28.1133. However, we also recognize statute and case law holding that when a void sentence is set aside and a new sentence is imposed, any time served on the void sentence must be credited against the sentence then imposed.”
People v. Clark, 204 N.W.2d 332 (Mich. Ct. App. 1972). “” MCLA 769.11a; MSA 28.1083(1). "Whenever any person is hereafter convicted of any crime within this state and has served any time in jail prior to sentencing because of being denied or unable to furnish bond for the offense of which he is convicted, the trial court in imposing…”
Booker v. Judge of Recorder's Court, 153 N.W.2d 178 (Mich. Ct. App. 1967). “2 CLS 1961, § 769.11a, as amended by PA 1965, No 67 (Stat Ann 1965 Cum Supp § 28.”
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