PEOPLE OF MI V JOSEPH EDWARD WHITE JR
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S T A T E O F M I C H I G A N
C O U R T O F A P P E A L S
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
February 28, 1997
Plaintiff-Appellee,
v
No. 180391
Cass Circuit
LC No. 94-008191
JOSEPH EDWARD WHITE, JR.,
Defendant-Appellant.
Before: D.F. Walsh,* P.J., and R.P. Griffin** and W.P. Cynar,* JJ.
MEMORANDUM.
Defendant pleaded guilty to malicious destruction of personal property over $100, MCL
750.377a; MSA 28.609(1), and was sentenced to thirty-two to forty-eight months’ imprisonment, to
be served consecutive to a sentence imposed on an escape conviction. 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. People v Milbourn, 435
Mich 630; 461 NW2d 1 (1990). The thirty-two month minimum sentence is within the recommended
range of the sentencing guidelines and is therefore presumptively proportionate. People v Blount, 197
Mich App 174, 175; 494 NW2d 829 (1992). Defendant has not presented any unusual circumstances
to rebut that presumption. People v Piotrowski, 211 Mich App 527, 532; 536 NW2d 293 (1995).
*Former Court of Appeals judges, sitting on the Court of Appeals by assignment pursuant to
Administrative Order 1996-10.
**Former Supreme Court justice, sitting on the Court of Appeals by assignment pursuant to
Administrative Order 1996-10.
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To the extent that defendant challenges the length of the sentence imposed on his escape
conviction, we decline to review that challenge because he did not file a claim of appeal from that
conviction and sentence.
Affirmed.
/s/ Daniel F. Walsh
/s/ Robert P. Griffin
/s/ Walter P. Cynar
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