PEOPLE OF MI V MICHAEL SMITH
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
March 4, 1997
Plaintiff-Appellee,
v
No. 184978
Genesee Circuit
LC No. 93-049138-FH
MICHAEL SMITH,
Defendant-Appellant.
Before: D.F. Walsh,* P.J., and R.P. Griffin** and W.P. Cynar,* JJ.
MEMORANDUM.
Defendant pleaded guilty to receiving or concealing stolen property over $100, MCL 750.535;
MSA 28.803, and fleeing and eluding a police officer, MCL 257.602a; MSA 9.2302(1). For those
respective convictions, he was sentenced to concurrent terms of three to five years’ imprisonment and
eight to twelve months’ imprisonment. He appeals by delayed application granted. We affirm. This
case has been decided without oral argument pursuant to MCR 7.214(A).
The trial court’s factual findings in support of its decision to exceed the recommended range of
the sentencing guidelines were not clearly erroneous. People v Harvey, 203 Mich App 445, 448 449;
513 NW2d 148 (1994). Moreover, the trial court did not abuse its discretion in sentencing defendant
above the guidelines’ recommendation. People v Milbourn, 435 Mich 630; 461 NW2d 1 (1990);
People v Haywood, 209 Mich App 217, 233; 530 NW2d 497 (1995); People v Windall Hill, 192
Mich App 102, 119; 480 NW2d 913 (1991).
*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
Affirmed.
/s/ Daniel F. Walsh
/s/ Robert P. Griffin
/s/ Walter P. Cynar
-2
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