PEOPLE v. HARDIN

Docket No. 107630.

173 Mich. App. 774 (1988)

434 N.W.2d 243

PEOPLE v. HARDIN

Michigan Court of Appeals.

Decided December 20, 1988.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis J. Garuso, Solicitor General, and Nathan T. Fairchild, Prosecuting Attorney, for the people.

State Appellate Defender (by Jennifer A. Pillete), for defendant on appeal.

Before: HOLBROOK, JR., P.J., and SAWYER and MURPHY, JJ.


MURPHY, J.

Defendant appeals as of right from his plea-based convictions of larceny in a building, MCL 750.360; MSA 28.592, and being a third-offense habitual offender, MCL 769.11; MSA 28.1083. Defendant was sentenced to sixty-four to ninety-six months imprisonment.

Defendant's only claim on appeal is that he is entitled to be resentenced because the lower court did not first impose a sentence on the underlying felony offense before it imposed sentence pursuant...

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