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PEOPLE v. HOLMES

Docket No. 78-819.

98 Mich. App. 369 (1980)

295 N.W.2d 887

PEOPLE v. HOLMES

Michigan Court of Appeals.

Decided July 1, 1980.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, Robert L. Kaczmarek, Prosecuting Attorney, and Howard B. Gave, Assistant Prosecuting Attorney, for the people.

Kim Robert Fawcett, Assistant State Appellate Defender, for defendant on appeal.

Before: M.J. KELLY, P.J., and D.F. WALSH and BEASLEY, JJ.

M.J. KELLY, P.J.

Defendant appeals as of right from his jury conviction of larceny in a building, contrary to MCL 750.360; MSA 28.592. Subsequently, defendant pled guilty to a habitual offender charge of being a third felony offender. MCL 769.11; MSA 28.1083. Defendant was sentenced to a term of four to eight years imprisonment.

Defendant contends that the prosecutor abused his discretion in charging him with the felony offense of larceny in a building rather...

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