PEOPLE OF MI V CLINTON MILLER JR
Annotate this Case
Download PDF
STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
January 31, 1997
Plaintiff-Appellee,
v
No. 190936
Saginaw Circuit Court
LC No. 92-006908-FC
CLINTON JUNIOR MILLER,
Defendant-Appellant.
Before: Griffin, P.J., and McDonald and C. W. Johnson*, JJ.
MEMORANDUM.
Defendant pleaded guilty to violating his probation by leaving a drug treatment program without
authorization. Defendant’s probation was revoked and he was sentenced to four to ten year’s
imprisonment. His underlying convictions were carrying a concealed weapon, MCL 750.227; MSA
28.424, and being an habitual offender, third offense, MCL 769.11; MSA 28.1083. Defendant
appeals as of right. We affirm.
Defendant’s sole argument on appeal is that his sentence for the probation violation is
disproportionate under People v Milbourn, 435 Mich 630; 461 NW2d 1 (1990). We disagree. The
sentencing guidelines are not applicable to either probation violations or habitual offender convictions.
People v Cervantes, 448 Mich 620, 625-626; 532 NW2d 831 (1995); People v Cotton, 209 Mich
App 82, 83-84; 530 NW2d 495 (1995); People v Reynolds, 195 Mich App 182, 184; 489 NW2d
128 (1992). Although the guidelines for the underlying offenses should generally be used as a “starting
point” in determining the proportionality the sentence imposed for a probation violation, Cotton, supra
at 84; People v Smith, 195 Mich App 147, 149-150; 489 NW2d 135 (1992), the sentencing
guidelines need not be referenced where defendant is sentenced as an habitual offender. People v
Haacke, 217 Mich App 434, 437; 553 NW2d 15 (1996).
Defendant has three felony convictions, several violent misdemeanor convictions, and his
probation officer opined that defendant has a serious substance abuse problem. Despite this serious
* Circuit judge, sitting on the Court of Appeals by assignment.
-1
prior record, the sentencing court tried sentencing defendant to only probation and 193 days in jail.
However, defendant disobeyed the terms of his probation by testing positive for barbiturate use.
Though the sentencing court gave defendant another opportunity at probation by ordering defendant to
attend a long term substance abuse program, defendant once again violated probation by escaping from
the treatment center and failing to contact the Michigan Department of Corrections Probation
Department. Even after consideration of the inapplicable sentencing guidelines, we conclude under
these circumstances that defendant’s sentence is proportionate to the offense and the offender.
Milbourn, supra.
Affirmed.
/s/ Richard Allen Griffin
/s/ Gary R. McDonald
/s/ Charles W. Johnson
-2
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.