PEOPLE v. STEWART

Docket No. 26090.

69 Mich. App. 528 (1976)

245 N.W.2d 121

PEOPLE v. STEWART

Michigan Court of Appeals.

Decided June 15, 1976.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, L. Brooks Patterson, Prosecuting Attorney, Robert C. Williams, Chief Appellate Counsel, and Michael J. Modelski, Assistant Appellate Counsel, for the people.

Renfrew, Moir & Burgett, P.C. (by James W. Heckman), for defendant on appeal.

Before: D.F. WALSH, P.J., and J.H. GILLIS and R.M. MAHER, JJ.


R.M. MAHER, J.

Defendant pled guilty to a charge of breaking and entering a gasoline service station with the intent to commit larceny, MCLA 750.110; MSA 28.305, and on January 7, 1975 was sentenced to a term of 2-1/2 to 10 years in prison with credit given for 157 days awaiting trial and sentence.

The sentencing took place at approximately 2 p.m. in the afternoon and defendant was allowed to report to the Oakland County Jail at 5 p.m. so that he could clear...

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