PEOPLE OF MI V RICHARD LEE MINCH
Annotate this Case
Download PDF
STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
April 4, 1997
Plaintiff-Appellee,
v
No. 191068
Kent Circuit Court
LC Nos. 94-001764-FC;
94-001813-FH
RICHARD LEE MINCH,
Defendant-Appellant.
Before: D.F. Walsh,* P.J., and R.P. Griffin** and W.P. Cynar,* JJ.
MEMORANDUM.
Defendant pleaded nolo contendere in lower court no. 94-001764-FC to extortion, MCL
750.213; MSA 28.410, and habitual offender, second offense, MCL 769.10; MSA 28.1082, for
which he was sentenced to eight to thirty years’ imprisonment. Defendant also pleaded nolo contendere
in lower court no. 94-001813-FH to indecent exposure as a sexually delinquent person, MCL
750.335a; MSA 28.567(1) and MCL 750.10a; MSA 28.200(1), and was sentenced to one year in
jail. Defendant appeals as of right, raising one issue concerning the habitual-offender sentence in the
extortion case. We affirm. This case has been decided without oral argument pursuant to MCR
7.214(A).
A trial court is presumed to follow the law absent proof to the contrary. People v Farmer, 30
Mich App 707; 186 NW2d 779 (1971). Defendant has failed to overcome this presumption. The trial
court’s comments as a whole, particularly its comments at the time that the sentence was imposed,
reveal that it was aware of its discretion in setting the maximum term of defendant’s sentence, as an
habitual offender, for the extortion conviction. People v Farah, 214 Mich App 156; 542 NW2d 321
(1995); People v Green, 205 Mich App 342; 517 NW2d 782 (1994); People v Beneson, 192 Mich
*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.
App 469; 481 NW2d 799 (1992 ); People v Mauch, 23 Mich App 723; 179 NW2d 184 (1970).
Hence, defendant’s sentence is valid. In re Dana Jenkins, 438 Mich 364, 369 n 3; 475 NW2d 279
(1991).
Affirmed.
/s/ Daniel F. Walsh
/s/ Robert P. Griffin
/s/ Walter P. Cynar
-2
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
