People v. Adams

Defendant was convicted, following a jury trial, of receiving or concealing stolen property valued over $100. MCL 750.535; MSA 28.803. He thereafter pleaded guilty of being a habitual offender, fourth offense. MCL 769.12; MSA 28.1084. He was sentenced to serve a term of three years, four months to ten years in prison. He now appeals and we reverse.

Defendant was originally charged with breaking and entering a building with intent to commit a larceny therein. MCL 750.110; MSA 28.305. During the course of trial, however, the prosecutor requested that the jury also be instructed on receiv ing or…