People v. Krajenka

Defendant, a prisoner at the Riverside Correctional Facility, pleaded guilty of being an inmate in possession of marijuana, MCL 800.281(4); MSA 28.1621(4), and was sentenced to 2V2 to 5 years’ imprisonment. Defendant appeals as of right. We affirm defendant’s conviction, but vacate his sentence and remand for resentencing.

Defendant first contends that MCL 800.281(4); MSA 28.1621(4) violates the Equal Protection Clause because it charges prisoners in possession of marijuana with a five-year felony while nonprisoners in possession of marijuana face only a misdemeanor charge under MCL…