People v. Jeffrey Thompson

Defendant appeals his plea-based conviction of attempted breaking and entering, MCL 750.110; MSA 28.305, MCL 750.92; MSA 28.287.

Following his plea, defendant was sentenced to serve from three years and four months to five years in prison. This sentence was to run consecu tively to a sentence of from 16 to 24 months defendant was already serving as a result of a plea-based conviction of attempted setting fire to personal property over $50, MCL 750.77; MSA 28.272. This latter conviction is a misdemeanor conviction. 1

Defendant’s initial contention is that he should be resentenced because he was…