PEOPLE OF MI V CRAWFORD HENDRICKS SMITH

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STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, UNPUBLISHED July 25, 1997 Plaintiff-Appellee, v No. 188076 Macomb Circuit Court LC No. 94-001760 FC CRAWFORD HENDRICKS SMITH, Defendant-Appellant. Before: Jansen, P.J., and Wahls and P.R. Joslyn*, JJ. MEMORANDUM. Defendant pleaded guilty to assault with intent to do great bodily harm less than murder, MCL 750.84; MSA 28.279, felony-firearm, MCL 750.227b; MSA 28.424(2), and second offender status, MCL 769.10; MSA 28.1082. He was sentenced to two year’s imprisonment on the felony-firearm conviction and to an enhanced sentence of ten to fifteen years’ imprisonment on the assault conviction. Defendant appeals as of right. We affirm. Because defendant failed to demonstrate that the interests of justice would be served by allowing him to withdraw his guilty pleas, the trial court properly denied defendant’s motion. People v Gomer, 206 Mich App 55, 58-59; 520 NW2d 360 (1994). Additionally, defendant has failed to establish on the instant record that he received ineffective assistance of counsel. People v Mayes (After Remand), 202 Mich App 181, 183-184; 508 NW2d 161 (1993). Finally, defendant’s ten-year minimum sentence is proportionate to the offense and the offender. People v Spicer, 216 Mich App 270, 276; 548 NW2d 245 (1996); People v Ward, 206 Mich App 38, 44-45; 520 NW2d 363 (1994). Affirmed. /s/ Kathleen Jansen /s/ Myron H. Wahls /s/ Patrick R. Joslyn * Circuit judge, sitting on the Court of Appeals by assignment. -1­ -2­

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