PEOPLE OF MI V JAMES MARTEZ BRAGG

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STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, UNPUBLISHED May 23, 1997 Plaintiff-Appellee, v JAMES MARTEZ BRAGG, a/k/a JAMES MARTEZ BRAGGS, No. 185473 Kalamazoo Circuit Court LC No. 94-001480-FH Defendant-Appellant. Before: Young, Jr., P.J., and Doctoroff, and Cavanagh, JJ. MEMORANDUM. Following a jury trial, defendant was convicted of unarmed robbery, MCL 750.529; MSA 28.797, and fleeing or eluding a police officer, MCL 750.479a; MSA 28.747(1). He was sentenced as a second-felony habitual offender, MCL 769.10; MSA 28.1082, to a term of 6 to 22-1/2 years’ imprisonment for the unarmed robbery conviction and 135 days’ in jail for the fleeing or eluding conviction, to be served concurrently. He appeals as of right. We affirm. The trial court did not err in giving the People’s special jury instruction based on People v Dandron, 70 Mich App 439; 245 NW2d 782 (1976). The instruction is legally correct in substance. People v Mooney, 216 Mich App 367, 375; 549 NW2d 65 (1996), lv pending; People v Wolford, 189 Mich App 478, 481-482; 473 NW2d 767 (1991); Dandron, supra. Second, because CJI2d 4.1 does not expressly discuss use of a defendant’s false statement as circumstantial evidence of guilt, giving the Dandron instruction in conjunction with CJI2d 4.1 did not unduly emphasize this principle to the jury. Next, defendant’s 6 to 22-1/2 year habitualized sentence for unarmed robbery, which is within the sentencing guidelines recommended minimum sentence range for the underlying conviction, is not disproportionate to the circumstances surrounding the offense and defendant’s prior criminal history. People v Milbourn, 435 Mich 630; 461 NW2d 1 (1990). Affirmed. -1­ /s/ Robert P. Young, Jr. /s/ Martin M. Doctoroff /s/ Mark J. Cavanagh -2­

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