PEOPLE OF MI V DARRELL PERRY

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STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, UNPUBLISHED March 14, 1997 Plaintiff-Appellee v No. 190973 Recorder’s Court LC No. 94-011606 DARRELL PERRY, Defendant-Appellant Before: Young, P.J., and Gribbs and S.J. Latreille,* JJ. MEMORANDUM. Defendant pleaded guilty violating his probation, which was imposed after his conviction for assault with intent commit unarmed robbery, MCL 750.89; MSA 28.284. Defendant was sentenced to five to fifteen years of imprisonment. This sentence was vacated, and defendant was sentenced a habitual fourth offender, MCL 769.12; MSA 28.1084, to ten to fifteen years of imprisonment. Defendant appeals as of right. We affirm. Defendant argues on appeal that this Court should vacate his guilty plea because the lower court failed to advise him of the maximum possible sentence for the offense as required by MCR 6.302(B)(2). Defendant did not raise this issue before the lower court by a motion to withdraw his guilty plea. Accordingly, he has waived appellate review of this issue. MCR 6.311(C); People v Dixon, 217 Mich App 400, 410; 552 NW2d 663 (1996). Affirmed. /s/ Robert P. Young, Jr. /s/ Roman S. Gribbs /s/ Stanley J. Latreille * Circuit judge, sitting on the Court of Appeals by assignment. -1

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