PEOPLE OF MI V BENNIE THOMPSON
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
June 20, 1997
Plaintiff-Appellee,
v
No. 196499
Genesee Circuit Court
LC No. 92-46325 FH
BENNIE THOMPSON, a/k/a BENNIE R.
THOMPSON, JR.,
Defendant-Appellant.
Before: Gage, P.J., and Reilly and Hoekstra, JJ.
MEMORANDUM.
On this appeal of right, defendant claims that his 3 to 20 year sentence for the underlying offense
of delivery of cocaine under 50 grams and 8 month to 1 year sentence for use of cocaine, following
defendant’s guilty plea to violating his lifetime probation (and concurrent 2 year probation for use of
cocaine) represents a disproportionate sentence in violation of People v Milbourn, 435 Mich 630; 461
NW2d 1 (1990). This case is being decided without oral argument pursuant to MCR 7.214(E).
Not only did defendant violate his probation by being convicted of new Michigan offenses, but
while awaiting sentencing he absconded. During the period of fugitivity, defendant was indicted,
convicted and sentenced in federal court on drug conspiracy charges, and as of the time of sentencing
he had additional pending charges in Michigan involving making a false police report.
Defendant contends that his three year minimum sentence exceeds the original guideline range,
but not only do the sentence guidelines have no application to probation violation sentencing, for which
their use would be inappropriate, People v Edgett, 220 Mich App 686; ___ NW2d ___ (1996), but
of course the original sentence guideline calculation failed to take into account defendant’s subsequent
criminal history. This Court finds no abuse of the trial court’s sentencing discretion or disproportionality
in a three to twenty year sentence. People v Houston, 448 Mich 312; 532 NW2d 508 (1995).
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Affirmed.
/s/ Hilda R. Gage
/s/ Maureen Pulte Reilly
/s/ Joel P. Hoekstra
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