PEOPLE OF MI V THOMAS KEAN ABBOTT
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
June 17, 1997
Plaintiff-Appellee,
v
No. 195657
Clinton Circuit Court
LC No. 95-005980-FC
THOMAS KEAN ABBOTT,
Defendant-Appellant.
Before: Corrigan, P.J., and Michael J. Kelly and Hoekstra, JJ.
MEMORANDUM
Defendant appeals by right from his conviction by a plea of no contest to first-degree criminal
sexual conduct (CSC I), MCL 750.520b; MSA 28.788(2), and his March 25, 1996, sentence to
twenty to thirty years in prison with credit for 174 days served. After review of the record and the
issues and arguments presented by defendant-appellant we affirm because we find no error requiring
reversal.
As to defendant’s claim of insufficient factual basis, we find sufficient factual support for his plea.
See People v Booth, 414 Mich 643, 360; 324 NW2d 741 (1982); People v Haack, 396 Mich 367,
376-377; 240 NW2d 704 (1976). Defendant’s claim of misscoring on Offense Variable (OV) 25 is
precluded by the recent ruling in People v Mitchell ___ Mich ___; ___ NW2d ___ (Docket Nos.
98984 and 98985, dec’d 3/25/97), slip opinion at 33-34.
Defendant’s sentencing issues are non-meritorious in light of People v Kelly, 213 Mich App 8,
15; 539 NW2d 538 (1995), and People v Lemons, ___ Mich ___; ___ NW2d ___ (Docket Nos.
103265, 103266, rel’d 5/6/97), slip opinion at 24-25.
Affirmed.
-1
/s/ Maura D. Corrigan
/s/ Michael J. Kelly
/s/ Joel P. Hoekstra
-2
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