PEOPLE OF MI V MICHAEL EUGENE KRAMER
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
April 4, 1997
Plaintiff-Appellee,
v
No. 191234
Kent Circuit Court
LC No. 95-000691-FC
MICHAEL EUGENE KRAMER,
Defendant-Appellant.
Before: D.F. Walsh,* P.J., and R.P. Griffin** and W.P. Cynar,* JJ.
MEMORANDUM.
Defendant pleaded guilty to second-degree criminal sexual conduct, MCL 750.520c(1)(a);
MSA 28.788(3)(1)(a), and third-degree criminal sexual conduct, MCL 750.520d(1)(b); MSA
28.788(4)(1)(b). He was sentenced to concurrent terms of 4-1/2 to 15 years’ imprisonment for each
conviction, and now appeals as of right. We affirm defendant’s convictions and sentences, but remand
to permit the sentencing court to complete a sentencing information report departure evaluation form.
This case has been decided without oral argument pursuant to MCR 7.214(E)(1)(b).
Defendant’s sentences do not violate the principle of proportionality. People v Milbourn, 435
Mich 630; 461 NW2d 1 (1990). The reasons articulated by the sentencing court for the sentences
imposed support the lengths of the departures from the sentencing guidelines’ range. However, the
sentencing court failed to complete a sentence information report departure evaluation form. We
therefore remand the case for the limited purpose of permitting the court to perform the administrative
task of completing such a form.
*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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Finally, defendant is mistaken in his belief that he was not given full sentence credit for time
served while awaiting sentencing. The record indicates that the sentencing court gave defendant the
correct number of days credit by making the date on which defendant’s sentences commenced the date
that his bond was revoked and he was remanded into custody.
Defendant’s convictions and sentences are affirmed but the case is remanded for completion of
a sentencing information report departure evaluation form. We do not retain jurisdiction.
/s/ Daniel F. Walsh
/s/ Robert P. Griffin
/s/ Walter P. Cynar
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