State of Michigan v CHESTON TOMMY HEISTAND
No. 184596
Michigan Court of Appeals
October 1, 1996, Decided
Unpublished
Prior case history: LC No. 92-034408-FH.
Before: J.H. Gillis, P.J., and G.S. Allen and J.B. Sullivan, JJ. *
* Former Court of Appeals judges, sitting on the Court of Appeals by assignment pursuant to Administrative Order 1996-3.
OPINION
MEMORANDUM.
Defendant pleaded guilty of driving with an unlawful blood-alcohol level, third offense, MCL 257.625; MSA 9.2325, and was sentenced to forty to sixty months' imprisonment. He appeals as of right. We affirm. This case has been decided without oral argument pursuant to MCR 7.214(A).
Defendant's sentence does not violate the principle of proportionality in light of his criminal record and recidivism. People v Milbourn, 435 Mich 630; 461 NW2d 1 (1990).
Affirmed.
/s/ John H. Gillis
/s/ Glenn S. Allen, Jr.
/s/ Joseph B. Sullivan