People v. Munn, 499 N.W.2d 459 (Mich. Ct. App. 1993). · Go Syfert
People v. Munn, 499 N.W.2d 459 (Mich. Ct. App. 1993). Cases Citing This Book View Copy Cite
25 citation events (19 in the last 25 years) across 1 distinct court.
Strongest positive: People v. Heim (michctapp, 1994-08-15)
Treatment trajectory · 1994 → 2026 · click a year to view as-of
1994 2010 2026
Top citers, strongest first. 1 distinct citer. How cited ↗
cited Cited "see" People v. Heim
Mich. Ct. App. · 1994 · signal: see · confidence high
See People v Munn, 198 Mich App 726, 727 ; 499 NW2d 459 (1993).
Retrieving the full opinion text from the archive…
People
v.
Munn
Docket 149104.
Michigan Court of Appeals.
Mar 16, 1993.
499 N.W.2d 459
Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, Michael D. Thomas, Prosecuting Attorney, and Edwin R. Brown, Assistant Prosecuting Attorney, for the people., Roberta M. Gubbins, for the defendant on appeal.
Danhof, Gillis, Beasley.
Cited by 11 opinions  |  Published
Per Curiam.

Defendant pleaded guilty of first-[*727] degree retail fraud, MCL 750.356c; MSA 28.588(3), and of being an habitual offender, third offense, MCL 769.11; MSA 28.1083. After being sentenced to 2 Vi to 4 years’ imprisonment, he filed this appeal as of right. We affirm.

Defendant’s sole claim on appeal is that MCL 750.356c; MSA 28.588(3) is unconstitutionally vague because he had no way of knowing that his twenty-year-old conviction for the theft of a snowmobile could be used to enhance a misdemeanor shoplifting offense to a felony status. We disagree. The ordinary and plain language of the applicable statute provides, in clear and understandable terms, that anyone who commits a shoplifting offense that would otherwise be a misdemeanor under MCL 750.356d(l)(b); MSA 28.588(4)(l)(b) but who also has a prior conviction of, among other things, a larceny, is guilty of the felony offense of first-degree retail fraud. MCL 750.356c(2); MSA 28.588(3)(2). The language used to prohibit the act or conduct is not so vague that men of common intelligence must necessarily guess at its meaning. State Treasurer v Wilson (On Remand), 150 Mich App 78, 80-81; 388 NW2d 312 (1986). Further, defendant’s challenge to the statute that is premised on a reading of its title only is without merit because an analysis of a void-for-vagueness claim requires an examination of the entire text of the applicable statute. People v Jackson, 140 Mich App 283; 364 NW2d 310 (1985). Finally, that defendant was unaware that his conduct was proscribed by a penal statute is irrelevant to a determination whether the statute is unconstitutionally vague. Ignorance of the law is no excuse. People v Turmon, 417 Mich 638, 657; 340 NW2d 620 (1983) (citing 4 Blackstone, Commentaries, p 27).

Affirmed.