PEOPLE v. WILSON

Docket No. 52240.

111 Mich. App. 770 (1981)

315 N.W.2d 423

PEOPLE v. WILSON

Michigan Court of Appeals.

Decided December 15, 1981.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, Robert E. Weiss, Prosecuting Attorney, Donald A. Kuebler, Chief, Appellate Division, and Edwin R. Brown, Assistant Prosecuting Attorney, for the people.

Mark C. Wawro, for defendant on appeal.

Before: ALLEN, P.J., and M.J. KELLY and J.J. KELLEY, JJ.


ALLEN, P.J.

May a trial judge raise the minimum sentence first imposed upon defendant when the maximum sentence first imposed upon defendant is increased to conform to the maximum sentence set forth in the applicable statute? This question of first impression arises upon the following facts.

Following a two-day trial, defendant was found guilty by jury of larceny in a building, MCL 750.360; MSA 28.592. On April 18, 1980, defendant was sentenced to prison for...

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