PEOPLE v. FITCHETT

Docket No. 43546.

96 Mich. App. 251 (1980)

292 N.W.2d 191

PEOPLE v. FITCHETT

Michigan Court of Appeals.

Decided March 17, 1980.


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 Ronald Weitzman, Assistant Prosecuting Attorney, for the people.

Clarence M. Gabel, for defendant.

Before: T.M. BURNS, P.J., and CYNAR and A.M. BACH, JJ.


CYNAR, J.

Defendant was convicted, upon his plea of guilty, of breaking and entering an occupied dwelling with the intent to commit larceny therein, MCL 750.110; MSA 28.305, and was sentenced to 1 to 15 years imprisonment. In exchange for tendering his plea, a charge of burning a dwelling house, MCL 750.72; MSA 28.267, was dismissed. Defendant appeals by leave granted.

The facts as admitted by defendant at his plea-taking proceeding indicated that a cohort...

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