PEOPLE OF MI V DAMIAN LEANDER DUKES
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
March 4, 1997
Plaintiff-Appellee,
v
No. 186864
Genesee Circuit
LC No. 94-051367-FH
DAMIAN LEANDER DUKES,
Defendant-Appellant,
Before: Michael J. Kelly, P.J., and Smolenski and W.J. Giovan,* JJ.
MEMORANDUM.
Defendant pleaded guilty to breaking and entering an occupied dwelling, MCL 750.110; MSA
28.305, and habitual offender, second offense, MCL 769.10; MSA 28.1082. He was sentenced to 3
to 22-1/2 years’ imprisonment, and now appeals as of right. We affirm. This case has been decided
without oral argument pursuant to MCR 7.214(A).
Defendant complains that his sentence is disproportionately severe. However, defendant knew
what his sentence was going to be i advance of his guilty plea. For that reason, defendant “must
n
expect to be denied relief on the ground that the plea demonstrates [his] agreement that the sentence is
proportionate to the offense and the offender.” People v Cobbs, 443 Mich 276, 285; 505 NW2d 208
(1993).
Affirmed.
/s/ Michael J. Kelly
/s/ Michael R. Smolenski
/s/ William J. Giovan
* Circuit judge, sitting on the Court of Appeals by assignment.
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