People v. Jolly

Following a jury trial, defendant was convicted of unarmed robbery, MCL 750.530; MSA 28.798. Defendant then pleaded guilty to a supplemental charge of being a second-conviction habitual offender, MCL 769.10; MSA 28.1082, and probation violation. He was sentenced to 9 to 22 Vi years’ imprisonment for the habitual offender conviction and to a concurrent term of 6 Vi to 10 years’ imprisonment for violating probation. Defendant appeals as of right. We reverse.

i

Jennifer Herzog, testifying as a prosecution witness, stated that she and defendant, her former boyfriend, decided to rob someone in order…