Opinion
Docket No. 12374.
Decided May 5, 1972.
Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and George A. Greig, Prosecuting Attorney, for the people.
John B. Nahan, for defendant on appeal.
Before: T.M. BURNS, P.J., and HOLBROOK and BORRADAILE, JJ.
MEMORANDUM OPINION. Defendant is before this Court for the second time.
He was originally convicted of statutory rape (MCLA 750.520; MSA 28.788), which conviction was reversed and remanded for new trial. People v. Walma, 26 Mich. App. 326 (1970).
Thereafter defendant was again charged with statutory rape and also with taking indecent liberties with a child under 16 (MCLA 750.336; MSA 28.568). Defendant pled guilty to the latter count and was sentenced to serve 7-1/2 to 10 years.
Defendant now claims that he was sentenced for rape, not for taking indecent liberties, and that the trial court, in sentencing, should have been limited to a consideration of defendant's testimony at arraignment. The latter claim is clearly contrary to settled law. People v. Losinger, 331 Mich. 490 (1951); People v. Giacalone, 23 Mich. App. 163 (1970). This Court will reverse a sentence which is within the statutory maximum only in the most extraordinary circumstances. People v. Pate, 2 Mich. App. 66 (1965).
Affirmed.