People v. Ash

Defendant was convicted of breaking and entering a place of business with intent to commit larceny therein, MCL 750.110; MSA 28.305, following a jury trial. He was subsequently convicted as an habitual offender, second offense, following a bench trial. He was sentenced to serve a term of 5 to 15 years in prison. Defendant appeals his convictions as of right.

Defendant’s convictions arose out of a burglary which occurred at Wickes Lumber Company in Alpena on October 31, 1978. Defendant and another person were apprehended as they were fleeing from the building. At trial, defendant claimed that…