People v. Robinson

Defendant was convicted by a jury of assault with intent to commit armed robbery, MCL 750.89; MSA 28.284. Defendant later pled guilty to habitual offender, third offense, MCL 769.11; MSA 28.1083, and received a sentence of 80 to 120 years in prison. Defendant appeals from his conviction and sentence as of right. We affirm in part and reverse in part.

Defendant first claims error in the trial court’s imposition of an 80 to 120 year prison sentence. We agree.

Defendant was sentenced as a third-felony offender under the habitual offender act, which provides:

If the subsequent felony is punishable…