PEOPLE OF MI V ROBERT LEMUEL ROWE
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
March 4, 1997
Plaintiff-Appellee,
v
No. 190010
Grand Traverse Circuit
LC No. 94-006705-FH
ROBERT LEMUEL ROWE,
Defendant-Appellant.
Before: Michael J. Kelly, P.J., and Smolenski and W.J. Giovan,* JJ.
MEMORANDUM.
Defendant pleaded nolo contendere to breaking and entering a building, MCL 750.110; MSA
28.305, and was sentenced to a term of 80 to 120 months’ imprisonment. He appeals as of right. We
affirm. This case has been decided without oral argument pursuant to MCR 7.214(A).
The trial court did not err by commenting at sentencing on the facts of this offense as the victims
testified to at a previous hearing. Defendant agreed that the trial court could consider that testimony as
the factual basis for defendant’s plea. For purposes of sentencing, these facts were accurate. The trial
court believed that defendant had committed a more serious offense and, therefore, it relied upon the
facts to depart from the sentencing guidelines. People v Duprey, 186 Mich App 313, 318; 463
NW2d 240 (1990). On the facts of this case, the trial court did not improperly find that defendant had
committed a greater offense. People v Shavers, 448 Mich 389, 393-394; 531 NW2d 165 (1995);
People v Grimmett, 388 Mich 590, 607-608; 202 NW2d 278 (1972), overruled on other grounds in
People v White, 390 Mich 245, 258; 212 NW2d 222 (1973).
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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