Prisoner re-sentenced in car theft case

November 6, 2023

Marcinak

Prisoner re-sentenced in car theft case

By Allison Scarbrough, Editor.

HART — A 35-year-old Rothbury man currently incarcerated in the Alger Correctional  Facility in Munising was re-sentenced to 19 months to five years in Oceana County’s 51st Circuit Court Monday, Nov. 6, for a conviction of unlawful driving away of an automobile/car theft.

Daniel Laurence Marcinak pleaded guilty to two counts of breaking and entering and one count of car theft in Oceana County’s 51st Circuit Court Dec. 12, 2022.

Marcinak also faced a felony charge of kidnapping — custodial interference, which was dismissed. 

He was prosecuted as a four-time habitual offender.

Marcinak was accused of taking his teenage daughter on a crime spree last summer that involved stealing a car from the Winston Speedway, according to Lt. Shane Hasty of the Oceana County Sheriff’s Office. 

He was sentenced April 17, 2023 to 19 months to four years for the car theft conviction, but his maximum was extended by one year with the new sentence issued Monday. “It was a re-sentencing because of a clerical error,” said Oceana County Prosecutor Joseph Bizon. “The court had accidentally put a four-year max when the statute says it is a five-year max.” He was also sentenced in April to two concurrent terms of 19 months to 10 years for two counts of breaking and entering a building with intent.

According to Michigan Department of Corrections records, Marcinak was incarcerated in prison on felony convictions of fourth-degree fleeing police and receiving and concealing a stolen vehicle stemming from an Osceola County case. He was sentenced, Aug. 19, 2022 to two years and two months to five years for receiving and concealing a stolen vehicle and one year and three months to two years for fleeing police. 

He was sentenced in 2007 to seven to 25 years for armed robbery and two years for felony firearm in Oceana County, according MDOC records. In Muskegon County, he was sentenced in 2007 to 11-20 years for armed robbery and two years in prison for felony firearm.

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