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PEOPLE v. HAYMOND

Docket No. 30783.

74 Mich. App. 632 (1977)

255 N.W.2d 3

PEOPLE v. HAYMOND

Michigan Court of Appeals.

Decided March 31, 1977.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, Donald A. Burge, Prosecuting Attorney, and Stephen M. Wheeler, Chief, Appellate Division, for the people.

DeVries & Lamb, P.C., for defendant.

Before: QUINN, P.J., and BRONSON and M.J. KELLY, JJ.

QUINN, P.J.

Defendant was charged with breaking and entering, MCLA 750.110; MSA 28.305. He pleaded guilty to an added count of larceny in a building, MCLA 750.360; MSA 28.592. He was sentenced to one year in the county jail. His appeal raises one issue:

"Where a defendant has been convicted of larceny in a building, wherein the statutorily described penalties are a maximum of four (4) years in the state prison...

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