Opinion
Docket No. 8,808.
Decided August 4, 1970.
Appeal from Shiawassee, Michael Carland, J. Submitted Division 1 June 18, 1970, at Lansing. (Docket No. 8,808.) Decided August 4, 1970.
Gary Thomas Vandenboss was convicted, on his plea of guilty, of breaking and entering with intent to commit larceny. Defendant appeals. Affirmed.
Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, Gerald M. Stevens, Prosecuting Attorney, and Raymond E. Basso, Assistant Prosecuting Attorney, for the people.
E. Thomas Fitzgerald, for defendant on appeal.
Before: FITZGERALD, P.J., and R.B. BURNS and DANHOF, JJ.
Defendant pled guilty to a charge of breaking and entering with intent to commit larceny. MCLA § 750.110 (Stat Ann 1970 Cum Supp § 28.305). He appeals, contending that a sentence of from 2 to 10 years is cruel and unusual punishment for an 18-year-old and that it was error to consider his military record in determining the sentence.
The sentence was within the statutory maximum and will not be disturbed on appeal. People v. Connor (1957), 348 Mich. 456; People v. Brashaw (1967), 9 Mich. App. 128; People v. O'Den (1968), 15 Mich. App. 10; People v. Walker (1968), 15 Mich. App. 25.
It is proper to consider additional factors, such as a military record, in determining sentence. People v. Williams (1923), 225 Mich. 133; People v. Losinger (1951), 331 Mich. 490; People v. Guillett (1955), 342 Mich. 1; People v. Camak (1967), 5 Mich. App. 655; People v. Charles Williams (1969), 19 Mich. App. 544.
Affirmed.