PEOPLE OF MI V DESHAWN MAURICE HOWARD
Annotate this Case
Download PDF
STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
May 6, 1997
Plaintiff-Appellee,
v
No. 191423
Genesee Circuit Court
LC No. 91-045457-FH
DESHAWN MAURICE HOWARD,
Defendant-Appellant.
AFTER REMAND
Before: Wahls, P.J., and Hood and Jansen, JJ.
MEMORANDUM.
Defendant pleaded guilty to possession with intent to deliver less than fifty grams of cocaine,
MCL 333.7401(2)(a)(iv); MSA 14.15(7401)(2)(a)(iv). The trial court initially sentenced defendant to
a term of five and a half to forty years’ imprisonment. This Court remanded for resentencing. People v
Howard, unpublished opinion per curiam of the Court of Appeals, issued 7/11/95 (Docket No.
160694). On remand, the trial court sentenced defendant to a term of five to twenty years’
imprisonment. Defendant appeals as of right. We affirm.
Defendant argues that the trial court erred in increasing the scoring of OV 16 at resentencing.
We disagree. This Court recently held that a trial court may assess more points under a scoring variable
even if the prosecutor did not object to the scoring at the original sentencing. People v Lyons (After
Remand), ___ Mich App ___; ___ NW2d ___ (Docket No. 194997, issued 3/14/97). Accordingly,
this issue has no merit. See also People v Abbett, 443 Mich 863; 503 NW2d 656 (1993).
Defendant also argues that his sentence was disproportionate. We disagree. Defendant’s
sentence was within the guidelines and is presumed proportionate. People v Cotton, 209 Mich App
82, 85; 530 NW2d 495 (1995). Defendant has not presented such unusual circumstances as to
overcome the presumption of proportionality. See id. After reviewing the record, we believe that
defendant’s sentence was proportionate to the seriousness of the matter. People v Houston, 448 Mich
312, 319; 532 NW2d 508 (1995).
-1
Affirmed.
/s/ Myron H. Wahls
/s/ Harold Hood
/s/ Kathleen Jansen
-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.