PEOPLE OF MI V TOMMY FOREMAN
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
January 9, 1998
Plaintiff-Appellee,
v
No. 195071
Ingham Circuit Court
LC No. 93-065445 FC
TOMMY FOREMAN,
Defendant-Appellant.
Before: Gage, P.J., and Murphy and Reilly, JJ.
MEMORANDUM.
Defendant pleaded guilty, pursuant to a plea agreement, to larceny from a person, MCL
750.357; MSA 28.589, and was sentenced to four years probation, with the first year to be served in
the county jail. Defendant subsequently pleaded guilty to violating the terms of his probation and was
sentenced to five to ten years imprisonment. Defendant appeals as of right. We affirm.
Defendant’s reliance on the sentencing guidelines to support his challenge to the proportionality
of his sentence is misplaced. The guidelines do not apply to probation violations. People v Williams,
223 Mich App 409; ___ NW2d ___ (1997); see also People v Edgett, 220 Mich App 686, 690
691; 560 NW2d 360 (1996).
Defendant’s sentence does not violate the principle of proportionality in light of his extensive
juvenile record, the benefit bestowed upon him by the plea bargain used to secure the underlying
conviction, defendant’s criminal convictions obtained in Texas while on probation in this case and
defendant’s violation of the terms of his Texas probation. People v Spicer, 216 Mich App 270, 276;
548 NW2d 245 (1996); People v Hardy, 212 Mich App 318, 321; 537 NW2d 267 (1995), lv den
451 Mich 909 (1996); People v Smith, 195 Mich App 147, 150-151; 489 NW2d 135 (1992), lv den
441 Mich 926 (1993).
Affirmed.
-1
/s/ Hilda R. Gage
/s/ William B. Murphy
/s/ Maureen Pulte Reilly
-2
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