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PEOPLE v. WOODARD

Docket No. 67978.

134 Mich. App. 128 (1984)

350 N.W.2d 761

PEOPLE v. WOODARD

Michigan Court of Appeals.

Decided January 6, 1984.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, George B. Mullison, Prosecuting Attorney, and Thomas J. Rasdale, Assistant Prosecuting Attorney, for the people.

State Appellate Defender (by Stuart B. Lev), for defendant.

Before: DANHOF, C.J., and M.J. KELLY and BEASLEY, JJ.

PER CURIAM.

Defendant pled guilty as charged to attempted larceny in a building, MCL 750.92; MSA 28.287 and MCL 750.360; MSA 28.592, and to a supplemental information charging him with being an habitual offender, MCL 769.12; MSA 28.1084. He was sentenced to five years probation with the first six months to be served in the Bay County Jail. Defendant now appeals his conviction as of right, raising two issues.

Defendant first contends that the trial court

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