PEOPLE OF MI V MICHAEL JAY DREW JR
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
February 21, 1997
Plaintiff-Appellee,
v
No. 185335
Ingham Circuit Court
LC No. 94-67991-FC
MICHAEL JAY DREW, JR.,
Defendant-Appellant.
Before: MacKenzie, P.J., and Holbrook, Jr., and T.P. Pickard,* JJ.
MEMORANDUM.
Defendant was charged with two counts of first-degree criminal sexual conduct, MCL
750.520b(1)(a); MSA 28.788(2)(1)(a), involving the alleged digital penetration of the two victims, who
were both under age thirteen. Pursuant to a plea agreement, defendant pleaded nolo contendere to two
counts of second-degree CSC, MCL 750.520c(1)(a); MSA 28.788(3)(1)(a), in exchange for the
dismissal of the first-degree CSC counts. He was sentenced to serve two concurrent prison terms of 40
to 180 months. He appeals as of right and we affirm.
Defendant argues that the sentencing court erred in assessing twenty-five points under Offense
Variable 12, criminal sexual penetration, where he was convicted of second-degree CSC and denies
that penetration of the victims occurred. Defendant has waived appellate review of this issue, given that
the scoring of the guidelines was an agreed upon condition of the plea agreement and that defendant
expressly waived on the record his right to a sentencing hearing on the issue whether penetration was an
appropriate factor for the court to consider in imposing sentence. In any event, even were we to review
this issue, we would find it to be without merit. See People v Ratkov, 201 Mich App 123; 505 NW2d
886 (1993).
Defendant’s express waiver of a sentencing hearing on the issue of penetration further abrogates
his belated request to have the references to penetration stricken from the presentence report.
* Circuit judge, sitting on the Court of Appeals by assignment.
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Affirmed.
/s/ Barbara B. MacKenzie
/s/ Donald E. Holbrook, Jr.
/s/ Timothy P. Pickard
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