People v. Whittington

The defendant was charged with breaking and entering an occupied dwelling house with intent to commit larceny. MCLA § 750.110 (Stat Ann 1971 Cum Supp § 28.305). He pled guilty to attempted breaking and entering an occupied dwelling house with intent to commit larceny. MCLA § 750.92 (Stat Ann 1962 Rev § 28.287). He was sentenced to a term of 4 years and ii months to 5 years in prison with a recommendation that he serve 5 years.

The defendant contends that the trial judge abused his discretion in denying the defendant’s motion to withdraw his plea of guilty, and that the sentence violates the…