PEOPLE v. McCLAIN

Docket No. 52832.

105 Mich. App. 323 (1981)

306 N.W.2d 497

PEOPLE v. McCLAIN

Michigan Court of Appeals.

Decided April 9, 1981.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, Michael W. LeBeau, Prosecuting Attorney, and William D. Bond, Assistant Prosecuting Attorney, for the people.

Lynn Chard, Assistant State Appellate Defender, for defendant on appeal.

Before: D.C. RILEY, P.J., and BASHARA and MacKENZIE, JJ.


BASHARA, J.

Defendant was charged with breaking and entering an occupied dwelling place, MCL 750.110; MSA 28.305. Pursuant to a plea bargain, he pled guilty to the lesser offense of breaking and entering an unoccupied dwelling place, MCL 750.110; MSA 28.305. Defendant's motion for new trial was denied. He was sentenced to a prison term of from 2-1/2 to 10 years.

At the preliminary examination, the complainant testified that he and his family resided in Ohio...

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