People v. Eilola

Defendant pled guilty to retail fraud in the first degree, MCL 750.356c(2); MSA 28.588(3)(2), and to being a third-felony offender, MCL 769.11; MSA 28.1083. He was thereafter sentenced to serve a term of IV2 to 4 years in prison. He now appeals and we affirm.

Defendant’s conviction arises out of the shoplifting of a sleeping bag valued at $35. Although such an offense would normally be retail fraud in the second degree, MCL 750.356d(l); MSA 28.588(4X1), a misdemeanor, due to the fact that defendant had a prior conviction for larceny in a building, MCL 750.360; MSA 28.592, his current offense…