PEOPLE OF MI V HENRI J PLOVIE
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
March 28, 1997
Plaintiff-Appellee,
v
No. 189633
Oakland Circuit Court
LC Nos. 93-124769-FH
93-126628-FH
HENRI J. PLOVIE,
Defendant-Appellant.
Before: D.F. Walsh,* P.J., and R.P. Griffin** and W.P. Cynar,* JJ.
MEMORANDUM.
In LC No. 93-124769-FH, defendant pleaded guilty to two counts of felonious assault, MCL
750.82; MSA 28.277, one count of malicious destruction of property under $100, MCL 750.377a;
MSA 28.609(1), and one count of habitual offender, third offense, MCL 769.11; MSA 28.1083. He
was sentenced to a single enhanced term of three to eight years’ imprisonment for the felony convictions
and ninety days for the misdemeanor conviction. In LC No. 93-126628-FH, defendant pleaded guilty
to one count of malicious destruction of property over $100, MCL 750.377b; MSA 28.609(2), and
habitual offender, third offense, MCL 769.11; MSA 28.1083, for which he was sentenced to an
enhanced term of three to eight years’ imprisonment. He appeals as of right. We affirm. This case has
been decided without oral argument pursuant to MCR 7.214(A).
The one-year requirement set forth in MCL 771.1(2); MSA 28.1132(2) was not violated. The
order delaying sentence was entered on June 16, 1994. Defendant was sentenced on June 8, 1995.
Thus, defendant was sentenced within one year of the order delaying sentence. Tiedman v Tiedman,
*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.
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400 Mich 571, 576; 255 NW2d 632 (1977); People v Turner, 181 Mich App 680, 683; 449 NW2d
680 (1989).
Defendant has failed to preserve for appellate review his claim that there was an insufficient
factual basis to support his convictions for habitual offender-third. MCR 6.311(C); People v
Kaczorowski, 190 Mich App 165, 172; 475 NW2d 861 (1991).
Affirmed.
/s/ Daniel F. Walsh
/s/ Robert P. Griffin
/s/ Walter P. Cynar
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