People v. Hardin

Defendant appeals as of right from his plea-based convictions of larceny in a building, MCL 750.860; MSA 28.592, and being a third-offense habitual offender, MCL 769.11; MSA 28.1083. Defendant was sentenced to sixty-four to ninety-six months imprisonment.

Defendant’s only claim on appeal is that he is entitled to be resentenced because the lower court did not first impose a sentence on the underlying felony offense before it imposed sentence pursuant to the habitual offender statute.

Defendant contends that MCL 769.13; MSA 28.1085 requires that the sentencing court impose two separate…