People v. Noel

Following trial by jury, defendant was convicted of breaking and entering an occupied dwelling with the intent to commit a larceny, MCL 750.110; MSA 28.305. Defendant was found not guilty of malicious destruction of police property, MCL 750.377b; MSA 28.609(2). Defendant was sentenced to a two-year probation period, with the first 60 days to be served in jail. He appeals as of right.

At trial, Michigan State Police Detective Sergeant Larry Squires testified that at. approximately 2:45 a.m. on the morning of September 28, 1980, he and two other officers were watching a house located at 5943…