PEOPLE OF MI V ANTHONY J TAYLOR

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STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, UNPUBLISHED June 24, 1997 Plaintiff-Appellee, v No. 193403 95-8357 LC No. 95-8357 ANTHONY J. TAYLOR, Defendant-Appellant. Before: Gage, P.J., and Reilly and Hoekstra, JJ. MEMORANDUM. Following bench trial convictions for armed robbery, carrying a concealed weapon, and possession of a firearm in the commission of a felony, defendant on this appeal of right challenges his 5 to 25 year sentence for armed robbery and consecutive 2 year sentence for felony firearm as disproportionate to the offenses and the offender. People v Milbourn, 435 Mich 630; 461 NW2d 1 (1990). This case is being decided without oral argument pursuant to MCR 7.214(E). The guideline range calculated by the trial court for defendant’s offense, without current objection, was 2 to 6 years on the minimum for the armed robbery charge. 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), particularly where, as here, the circumstances of the offense involved the defendant discharging his pistol during the robbery. Affirmed. /s/ Hilda R. Gage /s/ Maureen Pulte Reilly /s/ Joel P. Hoekstra -1

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