People v. Lyle
People v. Lyle
Opinion of the Court
Originally charged with breaking and entering a store, MCL 750.110; MSA 28.305, defendant pled guilty November 5, 1982, to an added count of larceny in a building, MCL 750.360; MSA 28.592. In exchange for the plea, the prosecution dismissed the original charge. On December 3, 1982, defendant was sentenced to five years probation, with the first year to be served in the county jail, a $50 fine, costs of $500, and restitution of $90.
Defendant appeals raising the atypical claim that the sentence of five years on probation ex
We are constrained to disagree on two grounds. First, there is such a substantial difference between imprisonment in a state prison and probation, despite the numerous conditions imposed on probation, that it is unrealistic to argue that five years probation is more severe than four years in prison. Second, there is no assurance that, had defendant been sentenced to prison, he would have received a minimum of one year. The maximum minimum for larceny from a store is two years and eight months. People v Bullock, 48 Mich App 700; 211 NW2d 108 (1973); People v Midgyett, 49 Mich App 663; 212 NW2d 754 (1973). It is eminently probable that if the trial judge had felt the defendant should be sentenced to prison he would have imposed more than a minimum prison sentence of one year.
Citing People v Sturdivant, 412 Mich 92; 312 NW2d 622 (1981), defendant also claims that the fifth year of probation is multiple punishment, beyond the four-year sentence limitation for larceny in a building. The obvious flaw in this argument is the assumption that probation is so similar to imprisonment that the maximum period of probation can never exceed the maximum period of imprisonment. Furthermore, counsel overstates
Finally, defendant argues that the trial judge failed to inform him of the maximum probation term. GCR 1963, 785.7(l)(b) requires the court to inform the defendant of the maximum possible prison sentence. There is no comparable provision for maximum probation term.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.