Legal Opinion

People v. Larkins

Michigan Court of Appeals

Decided March 20, 1985No. Docket 73914, 73915, 74440PublishedCited by 5 opinions

1Per curiam

Following a bench trial, defendants, Ricky C. Larkins, Stephen Jeter, and Erik Barnes were convicted of armed robbery, MCL 750.529; MSA 28.797. Each defendant was sentenced to a term of 5 years’ probation with the first 90 days to be served in jail. The prosecutor now appeals the sentences imposed by the trial court.

A prosecutor has no right to appeal outside the express provisions of MCL 770.12; MSA 28.1109. People v Cooke, 419 Mich 420; 355 NW2d 88 (1984). Since the Legislature provided no express authorization for appeals by the prosecution from sentences, valid or invalid, the prosecution…

2Cases cited3 opinions

  1. People v. CookeMichigan Supreme Court · 1984
  2. People v. DavisMichigan Supreme Court · 1974
  3. People v. WilkinsMichigan Court of Appeals · 1982

3Cited by5 opinions

  1. People v. ReynoldsMichigan Court of Appeals · 1989
  2. People v. AustinMichigan Court of Appeals · 1991
  3. People v. GrierMichigan Court of Appeals · 1986
  4. People v. ShaferMichigan Court of Appeals · 1992
  5. Wayne County Prosecutor v. Recorder's Court JudgeMichigan Court of Appeals · 1986

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