Opinion
Docket No. 10670.
Decided May 27, 1971.
Appeal from Recorder's Court of Detroit, Frank G. Schemanske, J. Submitted Division 1 April 20, 1971, at Grand Rapids. (Docket No. 10670.) Decided May 27, 1971.
Jackson T. Massey was convicted, on his plea of guilty, of attempted breaking and entering of a business place. Defendant appeals. Affirmed.
Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, William L. Cahalan, Prosecuting Attorney, Dominick R. Carnovale, Chief, Appellate Department, and Arthur N. Bishop, Assistant Prosecuting Attorney, for the people.
Thomas A. Neenan, for defendant on appeal.
Before: T.M. BURNS, P.J., and FITZGERALD and R.B. BURNS, JJ.
The defendant pled guilty to an included offense of attempted breaking and entering of a business place with intent to commit larceny therein. MCLA § 750.92 (Stat Ann 1962 Rev § 28.287) and MCLA § 750.110 (Stat Ann 1971 Cum Supp § 28.305).
The issue stated by the defendant is not supported factually by the record. If it were, People v. Stinson (1967), 6 Mich. App. 648, People v. Harvey (1970), 24 Mich. App. 363, and People v. Demson (1970), 25 Mich. App. 151, would control. The question sought to be reviewed is so unsubstantial as to require no argument or formal submission.
Motion to affirm is granted.