PEOPLE OF MI V ANDREW MORRIS DARLING

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STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, UNPUBLISHED April 4, 1997 Plaintiff-Appellee, v No. 191113 Genesee Circuit Court LC No. 89-042062-FH ANDREW MORRIS DARLING, Defendant-Appellant. Before: D.F. Walsh,* P.J., and R.P. Griffin** and W.P. Cynar,* JJ. MEMORANDUM. Defendant pleaded guilty to violating probation on his underlying conviction of delivery of less than fifty grams of cocaine, MCL 333.7401(2)(a)(iv); MSA 14.15(7401)(2)(a)(iv), and was sentenced to five 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). Considering the circumstances surrounding the offender, the underlying offense, and the probation violation, defendant’s sentence does not violate the principle of proportionality. People v Milbourn, 435 Mich 630, 651; 461 NW2d 1 (1990); People v Cotton, 209 Mich App 82, 84-85; 530 NW2d 495 (1995). 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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