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Gwinn contractor sentenced

MARQUETTE — On Monday, Michael Sivula, a contractor from Gwinn, was found guilty of 11 total charges over seven cases. The charges included counts of false pretenses of over $1,000 but less than $20,000 and using a computer to commit a crime, with a habitual offender notice attached to several of the charges.

“In this particular case, we had been set for trial and then a day prior (Sivula) elected to plead guilty to all charges,” said Marquette County Prosecutor Jenna Nelson. “He didn’t plead per any type of plea agreement; none was offered. He just straight-up pled. It’s totally fine for someone to do that, but it is rather unusual when you have this number of cases. I don’t see that a lot.”

Sivula’s main sentence was a minimum of 23 months to a maximum of 7.5 years.

“That sentence was amongst a number of different counts running concurrently, not consecutively,” said Nelson. “Special Alternative Incarceration was approved by the court … that has to be something the department of corrections approves, but the court did approve that.”

SAI, also referred to by Nelson as “bootcamp,” opens the door for Sivula to serve less than his minimum sentence.

“In Michigan, there is truth in sentencing,” said Nelson. “That means you don’t earn ‘good time’ in prison. You have to sit the entirety of the minimum until you’re eligible for parole. The only way for somebody to sit less than minimum is if they’re eligible for a work program (SAI).

“A work program through the DOT within the department is the only way you can potentially do less than minimum, but it has to be approved by the court and you have to be eligible through DOT … If he is found eligible and successfully completes that program, he could be out earlier (than 23 months).”

“Even if someone completed that program they are still paroled and under the DOT, and still have a parole discharge date and are required to report to a parole officer,” said Nelson. “If someone violates parole they can always be sent back to prison.”

Sivula also received credit for time spent in jail, which Nelson said amounted to about 40-60 days.

In addition to his main sentencing, Sivula was also ordered to pay $44,325 dollars in restitution to victims. He paid $3,500 of that amount at his sentencing.

Annie Lippert can be reached at 906-228-2500, ext. 550. Her email address is alippert@miningjournal.net.

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