People v. Holmes

Defendant appeals as of right from his jury conviction of larceny in a building, contrary to MCL 750.360; MSA 28.592. Subsequently, defendant pled guilty to a habitual offender charge of being a third felony offender. MCL 769.11; MSA 28.1083. Defendant was sentenced to a term of four to eight years imprisonment.

Defendant contends that the prosecutor abused his discretion in charging him with the felony offense of larceny in a building rather than simple larceny for his alleged shoplifting of five pairs of $13 slacks from J. C. Penney Company. In advancing this argument, defendant relies…