People v. Graham

181 N.W.2d 325, 25 Mich. App. 256, 1970 Mich. App. LEXIS 1566

Opinion

Per Curiam.

Defendant Graham, while represented by counsel, was arraigned in the Kent County Circuit Court on the charge of entering without breaking contrary to MCLA § 750.111 (Stat Ann 1970 Cum Supp § 28.306). He tendered a plea of guilty which was accepted by the court and he was subsequently sentenced to a term of 1-1/2 to 5 years imprisonment. A timely claim of appeal has been filed on his behalf by court-appointed appellate counsel, which is grounded solely on the contention that the lower court abused its discretion in imposing sentence. The people have filed a motion to affirm the conviction and sentence.

Since the sentence is well within the statutory maximum any claim that it was too harsh or that the sentence constitutes a denial of equal protection is not reviewable. People v. Hunt (1969), 16 Mich App 664; People v. O’Den (1968), 15 Mich App 10. The motion to affirm is granted.