PEOPLE OF MI V DOLEAN ALSTON

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STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, UNPUBLISHED March 28, 1997 Plaintiff-Appellee, v No. 187741 Genesee Circuit Court LC No. 94-050511-FH DOLEAN ALSTON, Defendant-Appellant. Before: D.F. Walsh,* P.J., and R.P. Griffin** and W.P. Cynar,* JJ. MEMORANDUM. Pursuant to a plea agreement, defendant pleaded guilty to obtaining controlled substances by fraud, MCL 333.7407(1) MSA 14.15(7407)(1), and habitual offender, second offense, MCL 769.10; MSA 28.1082. She was sentenced to two to six years’ imprisonment, and now 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 abuse its discretion in sentencing defendant. People v Cervantes, 448 Mich 620, 626-627; 532 NW2d 831 (1995); People v Elliott, 215 Mich App 259, 261; 544 NW2d 748 (1996). Defendant’s sentence is proportionate to the seriousness of the circumstances surrounding the offense and the offender. People v Milbourn, 435 Mich 630, 635-636; 461 NW2d 1 (1990). Affirmed. /s/ Daniel F. Walsh /s/ Robert P. Griffin /s/ Walter P. Cynar *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

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