PEOPLE OF MI V RICKY D JOHNSON
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
May 16, 1997
Plaintiff-Appellee,
v
No. 191199
Oakland Circuit Court
LC No. 95-139550 FH
RICKY D. JOHNSON,
Defendant-Appellant.
Before: Corrigan, C. J., and Young and M.J. Talbot*, JJ.
MEMORANDUM.
Defendant appeals by right his jury conviction of larceny from the person, pursuant to which he
was sentenced as a fourth offender to an enhanced term of 3 to 25 years imprisonment. The only issues
raised concern the proportionality of defendant’s sentence.
With respect to defendant’s minimum sentence, although the sentence guidelines are wholly
irrelevant to an evaluation of habitual offender sentences, People v Edgett, 220 Mich App 686; ___
NW2d ___ (1996), where as here the minimum sentence is within the guideline range as calculated by
the trial court for the underlying offense, a fortiori defendant has failed to overcome the presumption
that a sentence within the guidelines is proportionate to the offense and the offender. People v
Eberhardt, 205 Mich App 587; 518 NW2d 511 (1994).
As to defendant’s maximum sentence, where defendant is a fourth offender, has been convicted
of a crime against the person, and was subject to imprisonment for life or any term of years, a 25-year
maximum sentence does not represent an abuse of the trial court’s sentencing discretion. People v
Houston, 448 Mich 312; 532 NW2d 508 (1995); People v Gatewood (On Remand), 216 Mich App
559; 550 NW2d 265 (1996).
Affirmed.
* Circuit judge, sitting on the Court of Appeals by assignment.
-1
/s/ Maura D. Corrigan
/s/ Robert P. Young, Jr.
/s/ Michael J. Talbot
-2
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