PEOPLE OF MI V MICHAEL ROBERT SINCLAIR

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STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, UNPUBLISHED January 9, 1998 Plaintiff-Appellee, v No. 199575, 199585 Charlevoix Circuit Court LC No. 92-019908 FC 92-020208 FC MICHAEL ROBERT SINCLAIR, Defendant-Appellant. Before: Gage, P.J., and Murphy and Reilly, JJ. MEMORANDUM. Defendant pleaded guilty to first-degree criminal sexual conduct (Docket No. 199585), MCL 750.520b(1)(a); MSA 28.788(2)(1)(a), and to second-degree criminal sexual conduct (Docket No. 199575), MCL 750.520c(1)(a); MSA 28.788(3)(1)(a). Defendant received concurrent terms of imprisonment of twelve to twenty-five years and eight to fifteen years, respectively. We remanded to the trial court in light of a scoring error that affected the recommended range of the sentencing guidelines. People v Michael Robert Sinclair, unpublished memorandum opinion of the Court of Appeals, decided 5/24/96 (Docket No. 172542). On remand, the trial court imposed the same sentences. Defendant appeals as of right. We affirm. Defendant’s sentences do not violate the principle of proportionality in light of the benefit bestowed upon defendant by the plea bargain, the psychological trauma experienced by the victims, and the death threats made against the victims by defendant. People v Houston, 448 Mich 312; 532 NW2d 508 (1995). Affirmed. /s/ Hilda R. Gage /s/ William B. Murphy /s/ Maureen Pulte Reilly -1

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