Legal Opinion

People v. Shirley Johnson

Michigan Court of Appeals

Decided March 31, 1977No. Docket 27170PublishedCited by 5 opinions

1Per curiam

Defendant was charged with and pled guilty to the offense of larceny in a building, contrary to MCLA 750.360; MSA 28.592. The maximum penalty for this offense is imprisonment for four years. On November 3, 1975, defendant was sentenced to a term of one year in the county jail. Defendant does not challenge the validity of her plea conviction, but challenges this sentence as being outside the authority of the trial court.

The trial court has sentencing authority by virtue of statutory authorization, MCLA 769.1; MSA 28.1072. The Legislature has the exclusive power to determine the length and…

2Cases cited3 opinions

  1. In Re CallahanMichigan Supreme Court · 1957
  2. People v. BinieckiMichigan Court of Appeals · 1971
  3. People v. LeonardMichigan Court of Appeals · 1974

3Cited by5 opinions

  1. People v. MoonMichigan Court of Appeals · 1983
  2. People v. SheridanMichigan Court of Appeals · 1985
  3. People v. WilsonMichigan Court of Appeals · 1981
  4. People v. JonesMichigan Court of Appeals · 1988
  5. People v. WilsonMichigan Court of Appeals · 1981

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