PEOPLE OF MI V DANIEL ELI LUDWICK
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
May 13, 1997
Plaintiff-Appellee,
v
No. 195267
Manistee Circuit Court
LC No. 95-2483 FH
DANIEL ELI LUDWICK,
Defendant-Appellant.
Before: Corrigan, C.J., and Young and M.J. Talbot*, JJ.
MEMORANDUM.
Defendant’s sentence does not violate the principle of proportionality. People v Hardy, 212
Mich App 318; 537 NW2d 267 (1995); People v Smith, 195 Mich App 147; 489 NW2d 135
(1992). The sentence guidelines do not apply in the probation violation context, and any use of the
guidelines in such circumstances would constitute a misapplication of a tool neither designed with
probation violation in mind nor based on data which include probation violation sentences. People v
Edgett, 220 Mich App 686; ___ NW2d ___ (1996).
Affirmed.
/s/ Maura D. Corrigan
/s/ Robert P. Young, Jr.
/s/ Michael J. Talbot
* Circuit judge, sitting on the Court of Appeals by assignment.
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