Skip to main content
A Better Partnership
December 14, 2011

COA Opinion: Cutting the padlock on a trailer is damage to the trailer, warranting enhanced sentence under MCL ' 750.356

In People v. Kloosterman, No. 301283, the Michigan Court of Appeals affirmed the trial court's sentencing of defendant under MCL ' 750.356a(3), which imposes an enhanced sentence where damage is done to any part of a motor vehicle or trailer in the commission of a larceny under MCL ' 750.356a(2)(a) or (b). Defendant argued that the padlock securing the trailer was not 'any part' of the trailer and thus, the trial court erred in imposing an enhanced sentence in defendant's case. The Court of Appeals disagreed, using the dictionary definitions to define 'any part of . . . [a] trailer' to cover every and all portions of the trailer in whatever degree or whatever separate or distinct piece of the trailer that is broken, torn, cut, or otherwise damaged. Cutting the padlock constituted damage to a distinct piece of the trailer that was specifically designed to be compatible with the trailer's latches and to secure the tools transported inside the trailer. Accordingly, the trial court did not err in denying defendant's motion for directed verdict because there was sufficient evidence to prove that the defendant damaged a part of the trailer in the commission of a larceny.

NOTICE. Although we would like to hear from you, we cannot represent you until we know that doing so will not create a conflict of interest. Also, we cannot treat unsolicited information as confidential. Accordingly, please do not send us any information about any matter that may involve you until you receive a written statement from us that we represent you.

By clicking the ‘ACCEPT’ button, you agree that we may review any information you transmit to us. You recognize that our review of your information, even if you submitted it in a good faith effort to retain us, and even if you consider it confidential, does not preclude us from representing another client directly adverse to you, even in a matter where that information could and will be used against you.

Please click the ‘ACCEPT’ button if you understand and accept the foregoing statement and wish to proceed.



+ -