Opinion
Docket No. 9846.
Decided December 8, 1970.
Appeal from Recorder's Court of Detroit, Henry L. Heading, J. Submitted Division 1 November 17, 1970, at Grand Rapids. (Docket No. 9846.) Decided December 8, 1970.
Ernest Earl Walton was convicted, on his plea of guilty, of larceny from a person. 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 Thomas R. Lewis, Assistant Prosecuting Attorney, for the people.
Carl Ziemba, for defendant on appeal.
Before: HOLBROOK, P.J., and R.B. BURNS and FITZGERALD, JJ.
The people move to affirm (GCR 1963, 817.5[3]) defendant's conviction, on plea of guilty, of larceny from a person, contrary to MCLA § 750.357 (Stat Ann 1954 Rev § 28.589).
On appeal, defendant, a 20-year-old first offender at the time of this conviction, contends that the 7-1/2 to 10 year sentence imposed by the court violates the indeterminate sentence law, MCLA § 769.8 (Stat Ann 1954 Rev § 28.1080).
This Court will not review a sentence which is within the maximum provided by statute, except in a clear case where the court has failed to exercise sound judicial discretion in setting a minimum sentence. People v. Lessard (1970), 22 Mich. App. 342. We find no abuse of discretion in this case. Certainly the sentence in this case, unlike the sentence in Lessard, permits the parole board to exercise its statutory discretion.
Motion to affirm is granted.