People v. Price

Defendant pled guilty to breaking and entering an unoccupied dwelling, MCL 750.110; MSA 28.305, and larceny in a building, MCL 750.360; MSA 28.592, and was sentenced to eighty months to ten years and thirty-two months to four years imprisonment, respectively. Defendant moved for resentencing on the ground that defendant’s expunged juvenile record had been improperly considered by the trial court in imposing sentence. The motion was denied. Defendant appeals his sentence as of right. We remand for resentencing.

Former MCR 5.913, "Expungement of Records,” now MCR 5.925(E), provided:

The court may…