State of Michigan v JEFFREY JOHN ADKINS
No. 191433
Michigan Court of Appeals
July 25, 1997, Decided
Unpublished
Prior case history: Ingham Circuit Court. LC No. 94-066988 FH.
Before: Jansen, P.J., and Wahls and P.R. Joslyn *, JJ.
* Circuit judge, sitting on the Court of Appeals by assignment.
OPINION
MEMORANDUM.
Defendant pleaded guilty to operating a motor vehicle with an unlawful blood alcohol level, third offense, MCL 257.625(2) and (6); MSA 9.2325(2) and (6), and was sentenced to four years probation. 1 He subsequently pleaded guilty to violating the terms of his probation and was sentenced to thirty to sixty months imprisonment. Defendant appeals as of right. We affirm.
1 We note that the trial court lacked the authority to impose a sentence of probation. MCL 257.902; MSA 9.2602.
Defendant's sentence does not violate the principle of proportionality, in light of his extensive juvenile record, his repeated failure to take advantage of the rehabilitative opportunities offered him and his conduct while on probation. People v Parrish, 216 Mich App 178, 185; 549 NW2d 32 (1996); People v Kreger, 214 Mich App 549, 554; 543 NW2d 55 (1995).
Affirmed.
/s/ Kathleen Jansen
/s/ Myron H. Wahls
/s/ Patrick R. Joslyn