Docket No. 86996.

157 Mich. App. 334 (1987)

403 N.W.2d 555


Michigan Court of Appeals.

Decided January 21, 1987.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, L. Brooks Patterson, Prosecuting Attorney, Robert C. Williams, Chief, Appellate Division, and John L. Kroneman, Assistant Prosecuting Attorney, for the people.

Barbara J. Safran, for defendant on appeal.

Before: M.J. KELLY, P.J., and BEASLEY and CYNAR, JJ.


Defendant, David Joseph Leroy, pled guilty to breaking and entering, in violation of MCL 750.110; MSA 28.305, and to being an habitual offender, third offense, in violation of MCL 769.11; MSA 28.1083, on January 23, 1983. He was sentenced to serve not less than three nor more than ten years in prison on the former charge, which sentence was vacated in favor of a sentence of not less than five nor more than...

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