People v. Miller

Defendant pled guilty to breaking and entering an occupied dwelling with intent to commit larceny, MCL 750.110; MSA 28.305, and to resisting and obstructing a police officer, MCL 750.479; MSA 28.747. Defendant was sentenced to imprisonment for two concurrent terms of 5 to 15 years and 16 months to 2 years, and he appeals as of right.

Defendant argues that the evidence presented at his preliminary examination was insufficient to support binding him over for trial on the breaking and entering charge. Defendant points to certain dicta in People v Alvin Johnson, 396 Mich 424, 444; 240 NW2d 729…