People v. Luke

Per Curiam.

Defendant pled guilty to armed robbery, MCL 750.529; MSA 28.797. The statute defining armed robbery specifies that the crime is a felony punishable by imprisonment in the state prison "for life or for any term of years”. Defendant was sentenced to imprisonment for a term of six months to four years. The people appeal by leave granted and argue that the statutory language "any term of years” requires a minimum sentence of at least a year and a day.

The weight of authority in this Court indicates that the language "any term of years” does not establish a mandatory minimum sentence. See People v McKnight, 72 Mich App 282; 249 NW2d 392 (1976), lv den 399 Mich 848 (1977), People v Freeman, 73 Mich App 568; 252 NW2d 518 (1977), People v Landis, 91 Mich App 345; 283 NW2d 647 (1979), People v Earl Jones, 94 Mich App 232; 288 NW2d 385 (1979), lv den 409 Mich 854 (1980), and People v Eberly, 110 Mich App 349; 313 NW2d 123 (1981). We adhere to this view, although we note that some authority exists for construing the language to establish a minimum sentence of a year or a year and a day. See the dissent of Judge *225Corkin in Jones, supra, 236, the opinion of Judge Kelly in People v Harper, 83 Mich App 390; 269 NW2d 470 (1978), lv den 406 Mich 1021 (1979), and the opinion of Judge Bronson in People v West, 113 Mich App 1; 317 NW2d 261 (1982).

Our belief that the language "any term of years” establishes no mandatory minimum sentence is reinforced by a recent decision of our Supreme Court. In People v Urynowicz, 412 Mich 137, 144; 312 NW2d 625 (1981), defendant pled guilty to first-degree criminal sexual conduct, MCL 750.520b; MSA 28.788(2). On appeal, defendant argued for reversal because the circuit judge did not inform him of the mandatory minimum five-year sentence required by MCL 750.520f; MSA 28.788(6) for second or subsequent offenders. The Court said:

"This defendant was not charged under § 520f. Consequently, there was no mandatory minimum of which advice under GCR 1963, 785.7(l)(d) was required.”

The penalty for first-degree criminal sexual conduct is imprisonment "for life or for any term of years”, MCL 750.520b(2); MSA 28.788(2)(2).

Affirmed.