People v. Shears

Defendant was convicted by a jury of forgery in violation of MCL 750.248; MSA 28.445 and uttering and publishing in violation of MCL 750.249; MSA 28.446. After sentence to a term not less than 4 years nor more than 14 years in prison, he appeals as of right.. Defendant claims he was improperly charged: he says that since the instrument involved was a state-issued ADC check, he should have been charged under MCL 750.250; MSA 28.447 and MCL 750.253; MSA 28.450, which statutes carry a lesser maximum prison sentence. The issue was raised in the trial court both before and during trial; therefore,…