PEOPLE OF MI V ROGER SEVERANCE
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
April 1, 1997
Plaintiff-Appellee,
v
No. 189282
Kent Circuit Court
LC No. 94-002001-FH
ROGER SEVERANCE,
Defendant-Appellant.
Before: D.F. Walsh,* P.J., and R.P. Griffin** and W.P. Cynar,* JJ.
MEMORANDUM.
Defendant pleaded guilty to two counts of second-degree criminal sexual conduct, MCL
750.520c(1)(a); MSA 28.788(3)(1)(a), and one count of habitual offender, second offense, MCL
769.10; MSA 28.1082. He was sentenced to a single term of 7 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).
There is no requirement that multiple victims be involved in the same, contemporaneous criminal
episode for ten points to be awarded for Offense Variable [OV] 6 of the sentencing guidelines. People
v Chesebro, 206 Mich App 468, 473; 522 NW2d 677 (1994). In this case there were two victims
involved in the criminal transactions for which defendant was convicted, each of whom was placed in
danger of injury. The court’s assessment of ten points under OV 6 was therefore supported in law and
by the evidence.
The contents of a verified presentence report are presumptively accurate where reasonable
verification and corroboration of the information can be shown to have been made. People v Walker,
*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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428 Mich 261, 267-268; 407 NW2d 367 (1987). By virtue of defendant’s admissions to the
investigating police officer and the statements of the many young girls who reported inappropriate sexual
conduct by defendant toward them, the contents of the report regarding alleged criminal activity for
which defendant was not convicted were presumptively accurate and need not have been stricken by
the trial court. Id.; People v Fleming, 428 Mich 408, 418; 410 NW2d 266 (1987). The court made
no finding that the challenged information was inaccurate or irrelevant and appropriately resolved
defendant’s challenge to inclusion of the information.
Considering defendant’s significant criminal record, the seriousness of the circumstances
attendant to this case, defendant’s second felony offender status, and the benefit defendant received in
the plea bargain by having the possibility of a life sentence removed, the sentence imposed on defendant
is not excessive and is proportionate to both this offender and these offenses. People v Cervantes,
448 Mich 620, 625-627 (Riley, J), 630 (Cavanagh, J); 532 NW2d 831 (1995); People v Houston,
448 Mich 312, 320, 322; 532 NW2d 508 (1995); People v Milbourn, 435 Mich 630, 661; 461
NW2d 1 (1990).
Affirmed.
/s/ Daniel F. Walsh
/s/ Robert P. Griffin
/s/ Walter P. Cynar
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