People v. Westbrook

Following a two-day jury trial, defendant was convicted on March 6, 1987, of larceny over $100, MCL 750.356; MSA 28.588. Defendant pled guilty to being an habitual offender, third offense, MCL 769.11; MSA 28.1083. On April 16, 1987, defendant was sentenced to one year imprisonment in the Oakland County Jail, with daytime work release. Defendant appeals his convictions as of right. We reverse._

At trial, prosecution witness Linda Lane testified that she and her two children were in their automobile in the Withington parking lot, located in the City of Ferndale, on August 25, 1986. While driving…