PEOPLE v. LAPINE

Docket No. 15560.

47 Mich. App. 553 (1973)

209 N.W.2d 726

PEOPLE v. LAPINE

Michigan Court of Appeals.

Decided May 25, 1973.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and Farrell Elliott, Prosecuting Attorney (Prosecuting Attorneys Appellate Service, Thomas R. Lewis, Director, and James D. Hunter, Staff Attorney, of counsel), for the people.

John B. Phelps, Assistant State Appellate Defender, for defendant.

Before: HOLBROOK, P.J., and T.M. BURNS and CHURCHILL, JJ.


HOLBROOK, P.J.

Defendant was charged with statutory rape. MCLA 750.520; MSA 28.788. He pled guilty to indecent liberties. MCLA 750.336; MSA 28.568. Defendant was sentenced to 30 months to 10 years in prison.

On appeal, defendant challenges the propriety of the sentencing procedure employed by the trial court. He alleges improper use of defendant's presentence report.

Defendant contends that he must be resentenced for the following reasons:

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