PEOPLE v. SPENCER

Docket No. 64843.

130 Mich. App. 527 (1983)

343 N.W.2d 607

PEOPLE v. SPENCER

Michigan Court of Appeals.

Decided November 21, 1983.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, Artis M. Noel, Prosecuting Attorney, and Jo Ellen O'Connor, Assistant Prosecuting Attorney, for the people.

State Appellate Defender (by Ronald J. Bretz), for defendant on appeal.

Before: M.J. KELLY, P.J., and SHEPHERD and R.I. COOPER, JJ.


SHEPHERD, J.

Defendant was convicted by a jury of breaking and entering with intent to commit larceny, MCL 750.110; MSA 28.305, and of being a fourth-time felony offender, MCL 769.12; MSA 28.1084, for which he was sentenced to a term of from 15 to 65 years imprisonment. On appeal, defendant raises two allegations of error and argues that reversal of his convictions is necessary on both. We agree.

FACTS

In the early morning hours of July 7, 1981, the...

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