People v. Bonds
This text of 329 N.W.2d 37 (People v. Bonds) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
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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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Cite This Page — Counsel Stack
329 N.W.2d 37, 121 Mich. App. 233, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-bonds-michctapp-1982.