PEOPLE OF MI V KENNETH LENEAR DRAKE

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STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, UNPUBLISHED December 2, 1997 Plaintiff-Appellee, v KENNETH LENEAR DRAKE, a/ka/ KENNETH LANEAR DRAKE, No. 199771 Berrien Circuit Court LC No. 93-000497 FH Defendant-Appellant. Before: McDonald, P.J., and Wahls and J. R. Weber*, JJ. MEMORANDUM. Defendant appeals by right his 16 to 24 month sentence, imposed following adjudication of probation violation based on an underlying offense of use of cocaine, MCL 333.7404; MSA 14.15(7404). This appeal is being decided without oral argument pursuant to MCR 7.214(E). Defendant contends only that his sentence is disproportionate to the offense and the offender. Sentence was imposed June 28, 1996, at which time defendant was given 392 days’ credit for time already served. Accordingly, defendant’s minimum sentence has long since been served, rendering his proportionality issue moot. People v Rutherford, 208 Mich App 198, 204; 526 NW2d 620 (1994). Dismissed as moot. /s/ Gary R. McDonald /s/ Myron H. Wahls /s/ John R. Weber * Circuit judge, sitting on the Court of Appeals by assignment. -1

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