Preview:

STATE OF MICHIGAN
COURT OF APPEALS


PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v JAMES FREDERICK SANFORD, Defendant-Appellant.

UNPUBLISHED January 16, 1998

No. 200233 St. Clair Circuit Court LC No. 95-000694-FH

Before: Fitzgerald, P.J., and O'Connell and Whitbeck, JJ. PER CURIAM. Following a jury trial, defendant was convicted of two counts breaking and entering with intent to commit larceny, MCL 750.110; MSA 28.305, and was sentenced as an habitual offender, MCL 769.12; MSA 28.2084, to concurrent prison terms of six to twenty-five years for each of the convictions. Defendant appeals as of right. We affirm. Defendant's convictions stem from the breaking and entering of a mall and the breaking and entering of the mall manager's office within the mall. Defendant first argues that the two B & E convictions violate the protection against double jeopardy because the convictions are based upon a single breaking and entering. We disagree. Defendant's argument ignores the plain language of the statute that defendant was convicted of violating. MCL 750.110; MSA 28.305 proscribes, in pertinent part, breaking and entering "an office" or "other building" with larcenous intent. Accordingly, the mall and the mall manager's office inside the mall constituted separate "buildings" for purpose of

Download PEOPLE OF MI V JAMES FREDERICK SANFORD.pdf

Michigan Law