People v. Lyle

Originally charged with breaking and entering a store, MCL 750.110; MSA 28.305, defendant pled guilty November 5, 1982, to an added count of larceny in a building, MCL 750.360; MSA 28.592. In exchange for the plea, the prosecution dismissed the original charge. On December 3, 1982, defendant was sentenced to five years probation, with the first year to be served in the county jail, a $50 fine, costs of $500, and restitution of $90.

Defendant appeals raising the atypical claim that the sentence of five years on probation ex*698ceeds the statutory maximum (four years imprisonment) for larceny in a…