People v. Bonds

Michigan Court of Appeals

People v. Bonds

329 N.W.2d 37, 121 Mich. App. 233

Michigan Court of Appeals·Decided November 4, 1982·No. Docket No. 65142·Published

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Per Curiam.

Under the terms of a plea bargain defendant pled guilty to attempted larceny in a building. MCL 750.92, 750.360; MSA 28.287, 28.592. He was sentenced to eight months in the county jail.

On appeal, defendant claims that the prosecutor abused his discretion by charging him with larceny in a building rather than a 90-day misdemeanor. Although this Court is split on the issue, we follow the majority in People v Evans, 94 Mich App 4; 287 NW2d 608 (1979), which held that the prosecutor has discretion to choose between both applicable statutes. See also People v Freeland, 101 Mich App 501; 300 NW2d 616 (1980).

Affirmed.

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Per Curiam.

Under the terms of a plea bargain defendant pled guilty to attempted larceny in a building. MCL 750.92, 750.360; MSA 28.287, 28.592. He was sentenced to eight months in the county jail.

On appeal, defendant claims that the prosecutor abused his discretion by charging him with larceny in a building rather than a 90-day misdemeanor. Although this Court is split on the issue, we follow the majority in People v Evans, 94 Mich App 4; 287 NW2d 608 (1979), which held that the prosecutor has discretion to choose between both applicable statutes. See also People v Freeland, 101 Mich App 501; 300 NW2d 616 (1980).

Affirmed.

People v. Bonds, 329 N.W.2d 37, 121 Mich. App. 233 (Mich. Ct. App. 1982).

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