People v. Austin

Defendant pleaded guilty of armed robbery, MCL 750.529; MSA 28.797, and malicious destruction of personal property over $100, MCL 750.377a; MSA 28.609(1). Defendant was sentenced to one year in the Oakland County jail. The prosecution appeals the sentence imposed in this case, alleging that the sentence is invalid. We vacate defendant’s sentence and remand for resentencing.

The sole issue raised bn appeal is whether the trial court erred in imposing a determinate county jail sentence for the felony offense of armed robbery. The prosecution argues that a defendant convicted of armed robbery…