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PEOPLE v. VANDENBOSS

Docket No. 8,808.

25 Mich. App. 702 (1970)

181 N.W.2d 622

PEOPLE v. VANDENBOSS

Michigan Court of Appeals.

Decided August 4, 1970.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, Gerald M. Stevens, Prosecuting Attorney, and Raymond E. Basso, Assistant Prosecuting Attorney, for the people.

E. Thomas Fitzgerald, for defendant on appeal.

Before: FITZGERALD, P.J., and R.B. BURNS and DANHOF, JJ.

PER CURIAM.

Defendant pled guilty to a charge of breaking and entering with intent to commit larceny. MCLA § 750.110 (Stat Ann 1970 Cum Supp § 28.305). He appeals, contending that a sentence of from 2 to 10 years is cruel and unusual punishment for an 18-year-old and that it was error to consider his military record in determining the sentence.

The sentence was within the statutory maximum and will not be disturbed on appeal. People v.

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