PEOPLE OF MI V BARUCH ARMOND WINSTON
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
April 4, 1997
Plaintiff-Appellee,
v
No. 190113
Recorder’s Court
LC No. 94-012866-FH
BARUCH ARMOND WINSTON,
Defendant-Appellant.
Before: D.F. Walsh,* P.J., and R.P. Griffin** and W.P. Cynar,* JJ.
MEMORANDUM.
Defendant pleaded guilty to first-degree home invasion, MCL 750.110a(2); MSA
28.305(a)(2), and was sentenced to seven-and-a-half to twenty years’ imprisonment. He appeals as of
right. We affirm. This case has been decided without oral argument pursuant to MCR 7.214(E)(1)(b).
The fact that the trial court calculated the sentencing guidelines for breaking and entering and
then extrapolated to create a recommended sentencing range for the crime of first-degree home invasion
did not violate the separation of powers clause, Const 1963, art 3, § 2, since the guidelines are a
creation of the Michigan Supreme Court and not of the Legislature.
Defendant’s sentence does not violate the principle of proportionality. People v Milbourn, 435
Mich 630; 461 NW2d 1 (1990).
Affirmed.
/s/ Daniel F. Walsh
*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
/s/ Robert P. Griffin
/s/ Walter P. Cynar
-2
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