People v. McClain

Defendant was charged with breaking and entering an occupied dwelling place, MCL 750.110; MSA 28.305. Pursuant to a plea bargain, he pled guilty to the lesser offense of breaking and entering an unoccupied dwelling place, MCL 750.110; MSA 28.305. Defendant’s motion for new trial was denied. He was sentenced to a prison term of from 2-1/2 to 10 years.

At the preliminary examination, the complainant testified that he and his family resided in Ohio at the time of the robbery. For the previous two years, he had been building the burglarized Michigan home, located just across the Ohio border. On…