CRIMINAL LAW-RESENTENCE-RIGHT TO CREDIT FOR TIME SERVED UNDER VOID SENTENCE

Authors

Bruce L. Moore, University of Michigan Law SchoolFollow

Abstract

Plaintiffs in error were convicted and sentenced from one to twenty years with recommendations that they serve four to five years. On writ of error, the judgment in each case was reversed and the cause was remanded for entry of a proper sentence· because the statute under which sentence was imposed was unconstitutional. A new sentence of from one to twenty years was imposed in each case. Plaintiffs in error had served three and one-half years in the one case, and over four years in the other case, under the original sentence. Error is assigned because no credit was allowed in the new sentence for time served in prison under the original invalid sentences. Held, on resentence the court is not required to give credit for time served in prison under. a void sentence. The court may, however, in its discretion, give credit for time served by shortening the maximum under the new sentence. People v. Starks, (Ill. 1947) 71 N.E. (2d) 23; People v. Judd, (Ill. 1947) 71 N.E. (2d) 29.

Recommended Citation

Bruce L. Moore, CRIMINAL LAW-RESENTENCE-RIGHT TO CREDIT FOR TIME SERVED UNDER VOID SENTENCE, 45 Mich. L. Rev. 912 (1947).
Available at: https://repository.law.umich.edu/mlr/vol45/iss7/11