People v. Nicen

Following a bench trial, defendant was convicted as charged of larceny in a building. MCL 750.360; MSA 28.592. Defendant was sentenced to two to four years imprisonment. He appeals as of right.

Relying on dicta in People v Carmichael, 86 Mich App 418; 272 NW2d 667 (1978), lv den 406 Mich 949 (1979), defendant argues that the prosecutor abused his discretion by charging defendant with the felony of larceny in a building rather than the misdemeanor of simple larceny.

Even if Carmichael is considered competent authority for the rule that a defendant accused of shoplifting may not be charged with…