PEOPLE v. McGILMER

Docket Nos. 78-2227, 78-4907.

96 Mich. App. 433 (1980)

292 N.W.2d 700

PEOPLE v. McGILMER

Michigan Court of Appeals.

Decided April 1, 1980.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, William F. Delhey, Prosecuting Attorney, and Albert B. Blixt, Jr., Assistant Prosecuting Attorney, for the people.

Conlin, Conlin & McKenney (by Michael D. Highfield), for defendant on appeal.

Before: M.J. KELLY, P.J., and M.F. CAVANAGH and CYNAR, JJ.


M.J. KELLY, P.J.

Defendant was convicted of breaking and entering an occupied dwelling with intent to commit larceny therein, MCL 750.110; MSA 28.305, and of being an habitual offender, MCL 769.12; MSA 28.1084. Defendant was subsequently sentenced to 10 to 15 years imprisonment and now appeals as of right.

Defendant first assails his conviction under the habitual offender statute as being unconstitutional because it punished the status of being a criminal...

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