People v. Gawthrop

On February 20, 1979, defendant was convicted after a jury trial of breaking and entering an occupied dwelling with intent to commit larceny, MCL 750.110; MSA 28.305, and felonious assault, MCL 750.82; MSA 28.277, and was subsequently sentenced to concurrent terms of from 4-1/2 to 15 years and 2-1/2 to 4 years imprisonment. He appealed as of right. On June 3, 1981, *808this Court affirmed. 106 Mich App 722; 308 NW2d 621 (1981). However, on May 16, 1983, the Supreme Court remanded this case "for reconsideration in light of People v Lytal, 415 Mich 603 (1982)”. 417 Mich 983 (1983).

On September 25,…