State of Michigan v RICKY LEE HELTON
No. 214345
Michigan Court of Appeals
October 3, 2000, Decided
Unpublished
Prior case history: Genesee Circuit Court. LC No. 96-054716-FH.
Before: McDonald, P.J., and Sawyer and White, JJ.
OPINION
MEMORANDUM.
Defendant claims an appeal from his sentence of three to five years in prison, with credit for 406 days, for probation violation, following a plea-based conviction of OUIL, third offense, MCL 257.625(7)(d); MSA 9.2325(7)(d). We affirm.
Defendant argues that he was entitled to receive an additional 115 days' credit for time he spent at New Paths, a residential substance abuse treatment program, as a condition of his probation. We disagree and affirm defendant's sentence as imposed by the trial court. A defendant is not entitled to sentence credit for time spent in a private rehabilitation program as a condition of probation. People v Whiteside, 437 Mich 188, 191-192, 202; 468 NW2d 504 (1991); People v Leske, 187 Mich App 153, 157; 466 NW2d 361 (1991).
Affirmed.
/s/ Gary R. McDonald
/s/ David H. Sawyer
/s/ Helene N. White