PEOPLE OF MI V DEANDRA KELLY SPEARS
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
October 3, 1997
Plaintiff-Appellee,
v
No. 190935
Saginaw Circuit Court
LC No. 89-002092 FH
DEANDRA KELLY SPEARS,
Defendant-Appellant.
Before: Doctoroff, P.J., and Cavanagh and Saad, J.J.
MEMORANDUM.
Defendant appeals by right his jury conviction of breaking and entering, following which he was
adjudicated a second offender pursuant to a plea bargain whereby a supplemental information charging
him as a fourth offender was dismissed. After six years as a fugitive from justice, having absconded on
bond during trial, defendant received an enhanced 2 to 15 year sentence.
Defendant contends that the sentence is disproportionate to the offense and the offender. The
sentence guidelines for the underlying offense are irrelevant in light of defendant’s habitual offender
status, People v Edgett, 220 Mich App 686; 560 NW2d 360 (1996). However, since defendant’s
minimum sentence is within the guidelines for the underlying offense, a fortiori, when defendant is the
appellant, the sentence is presumed proportionate. People v Eberhardt, 205 Mich App 587; 518
NW2d 511 (1994). Defendant’s sentence as an habitual offender is reviewed only to determine
whether the trial court abused its sentencing discretion. People v Hansford (After Remand), 454 Mich
320; 562 NW2d 460 (1997).
While defendant may have led an exemplary life while on fugitive status, the sentencing court
took that into full consideration, as reflected in the sentence actually imposed. No abuse of the trial
court’s sentencing discretion has been established on this record.
Affirmed.
-1
/s/ Martin M. Doctoroff
/s/ Mark J. Cavanagh
/s/ Henry W. Saad
-2
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