State of Michigan v LARRY LEROY CLEVELAND
No. 227961
Michigan Court of Appeals
April 9, 2002, Decided
Unpublished
Prior case history: Cass Circuit Court. LC No. 99-010085-FH.
Before: K.F. Kelly, P.J. and Doctoroff and Cavanagh, JJ.
OPINION
MEMORANDUM.
Following a jury trial, defendant was convicted of operating under the influence of intoxicating liquor, third offense, MCL 257.625(8)(c). The trial court sentenced him as a fourth felony offender, MCL 769.12, to fifty-eight months' to fifteen years' imprisonment. Defendant appeals as of right. We affirm. This appeal is being decided without oral argument pursuant to MCR 7.214(E).
Defendant's sole issue on appeal is that his sentence was disproportionately harsh under People v Milbourn, 435 Mich 630; 461 NW2d 1 (1990). We find this claim to be without merit. Defendant's offense took place after January 1, 1999 and he was sentenced under the statutory sentencing guidelines. MCL 769.34(1) and (2). His minimum sentence was within the recommended minimum range under the guidelines.
When a minimum sentence is within the appropriate statutory guidelines range, this Court must affirm that sentence. MCL 769.34(10). People v Babcock, 244 Mich App 64, 73; 624 NW2d 479 (2000). The statutory guidelines do not contemplate further review under Milbourn. Id. at 77-78.
Affirmed.
/s/ Kirsten Frank Kelly
/s/ Martin M. Doctoroff
/s/ Mark J. Cavanagh