PEOPLE OF MI V JOSEPH LASHON VAUGHAN

 Annotate this Case
Download PDF
STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, UNPUBLISHED February 28, 1997 Plaintiff-Appellee, v No. 182282 Recorder’s Court LC No. 93-013872 JOSEPH LASHON VAUGHAN, a/k/a JOSEPH LASHON VAUGHN, Defendant-Appellant. Before: D.F. Walsh,* P.J., and R.P. Griffin** and W.P. Cynar,* JJ. MEMORANDUM. Defendant pleaded guilty to assault with intent to do great bodily harm, MCL 750.89; MSA 28.284, and possession of a firearm during the commission of a felony, MCL 750.227b; MSA 28.424(2). For those respective convictions, he was sentenced to two to ten years’ imprisonment and two years’ consecutive imprisonment. He appeals as of right. We affirm. This case has been decided without oral argument pursuant to MCR 7.214(E)(1)(b). Defendant first argues that the sentencing information report was incorrectly scored. We agree that Offense Variables 2 (physical attack or injury) and 13 (psychological injury to the victim) were improperly scored. However, because defendant’s minimum sentence would still be within the recommended guidelines’ range even as re-scored, a remand is unwarranted. People v Ratkov (On Remand), 201 Mich App 123, 127; 505 NW2d 886 (1993). Defendant next argues that his plea was involuntary because he misunderstood the sentencing agreement. We disagree. Having reviewed the record, we find no factual support for defendant’s claim *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. -1­ and conclude that no miscarriage of justice will result from refusing to allow him to withdraw his plea. People v Eloby (After Remand), 215 Mich App 472, 474-475; 547 NW2d 48 (1996). Affirmed. /s/ Daniel F. Walsh /s/ Robert P. Griffin /s/ Walter P. Cynar -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.