PEOPLE OF MI V DONALD TALLEY

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STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, UNPUBLISHED September 30, 1997 Plaintiff-Appellee, v No. 196948 Recorder’s Court LC No. 93-009004 DONALD TALLEY, Defendant-Appellant. Before: O’Connell, P.J., and White and C. F. Youngblood*, JJ. MEMORANDUM. Defendant was convicted by plea of carrying a concealed weapon in a motor vehicle, MCL 750.227; MSA 28.424, and sentenced to three years’ probation. Defendant subsequently pleaded guilty to violating the terms of his probation and was sentenced to six months’ incarceration. Defendant appeals as of right. We decline to review defendant’s challenge to the proportionality of his sentence. This issue has been rendered moot in light of the fact that defendant has already served his sentence. People v Rutherford, 208 Mich App 198, 204; 526 NW2d 620 (1994). Affirmed. /s/ Peter D. O’Connell /s/ Helene N. White /s/ Carole F. Youngblood * Circuit judge, sitting on the Court of Appeals by assignment.

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