PEOPLE v. LEARY

Docket No. 126467.

192 Mich. App. 463 (1992)

481 N.W.2d 757

PEOPLE v. LEARY

Michigan Court of Appeals.

Decided January 21, 1992, at 9:10 A.M.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Gay Secor Hardy, Solicitor General, Robert E. Weiss, Prosecuting Attorney, and Donald A. Kuebler, Chief, Appellate Division, for the people.

State Appellate Defender (by Anne Yantus), for the defendant on appeal.

Before: DANHOF, C.J., and SHEPHERD and MARILYN KELLY, JJ.


MARILYN KELLY, J.

Defendant, Andrew Leary, pled guilty to the charge of breaking and entering. MCL 750.110; MSA 28.305. In exchange, the prosecutor agreed not to file charges against him for malicious destruction of property. MCL 750.377a; MSA 28.609(1). Although the sentencing guidelines' recommendation was a minimum prison sentence of zero to twelve months, the trial judge sentenced defendant to a three to ten year term.

On appeal, defendant argues that...

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