PEOPLE OF MI V MARVIN PAUL GUITAR
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
May 9, 1997
Plaintiff-Appellee,
v
No. 191598
Macomb Circuit Court
LC No. 94-002668-FH
MARVIN PAUL GUITAR,
Defendant-Appellant.
Before: D.F. Walsh,* P.J., and R.P. Griffin** and W.P. Cynar,* JJ.
MEMORANDUM.
Defendant pleaded nolo contendere to second-degree criminal sexual conduct, MCL
750.520c; MSA 28.788(3), and was sentenced to six to fifteen 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).
It was not improper for the trial court to consider at sentencing the fact of defendant’s admitted
sexual conduct in a separate case that was dismissed pursuant to a plea bargain. People v Fleming,
428 Mich 408, 418; 410 NW2d 266 (1987); People v Coulter (After Remand), 205 Mich App 453,
456; 517 NW2d 827 (1994). The trial court’s departure from the recommended range of the
sentencing guidelines was justified in this case. 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
/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.
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