PEOPLE v. NEWBY

Docket No. 77-1161.

82 Mich. App. 489 (1978)

266 N.W.2d 492

PEOPLE v. NEWBY

Michigan Court of Appeals.

Decided March 23, 1978.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, William L. Cahalan, Prosecuting Attorney, Edward R. Wilson, Principal Attorney, Appeals, and Timothy A. Baughman, Assistant Prosecuting Attorney, for the people.

Carl Ziemba, for defendant on appeal.

Before: D.C. RILEY, P.J., and D.F. WALSH and A.C. MILLER, JJ.


PER CURIAM.

Defendant was convicted by a jury of one count of breaking and entering an occupied dwelling with intent to commit larceny therein, MCLA 750.110; MSA 28.305, and one count of receiving or concealing stolen property valued in excess of $100. MCLA 750.535; MSA 28.803. The trial court imposed concurrent sentences of 6 to 15 years and 3 to 5 years on the respective counts. Defendant appeals raising two issues:

(1) Was conviction on both counts permissible...

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