PEOPLE OF MI V LARRY ALLEN BRINK
Annotate this Case
Download PDF
STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
February 17, 1998
Plaintiff-Appellee,
v
No. 197538
Van Buren Circuit Court
LC No. 96-009799 FH
LARRY ALLEN BRINK,
Defendant-Appellant.
Before: Michael J. Kelly, P.J., and Fitzgerald and M.G. Harrison*, JJ.
MEMORANDUM.
Following his jury conviction of one count of uttering and publishing, MCL 750.249; MSA
28.446, defendant was sentenced to three to fourteen years’ imprisonment. His minimum sentence
contrasts with a guideline range of zero to twelve months. Defendant contends that his sentence is
disproportionate to the offense and the offender. We disagree and affirm.
In departing from the sentence guidelines, the trial court noted:
The defendant has continuously committed crimes for six (6) years, and tends to
do so while still on parole or probation. He never successfully completes probation or
parole, and commits new crimes shortly after release into the community. His
continuous crime spree requires a longer sentence than 1-14 years to protect society.
The presentence report similarly reflects that defendant “has repeatedly shown that he is unsuitable for
community supervision”, has been a “dismal failure in both probation and parole supervision”, continues
to be “uncooperative and irresponsible,” and is “unmanageable.” In light of the crime for which
defendant is sentenced and his criminal history, the sentence imposed is neither disproportionate to the
offense nor the offender, nor does it represent an abuse of the trial court’s sentencing discretion.
People v Houston, 448 Mich 312; 532 NW2d 508 (1995); People v
* Circuit judge, sitting on the Court of Appeals by assignment.
-1
Lemons, 454 Mich 234, 260; 562 NW2d 447 (1997).
Affirmed.
/s/ Michael J. Kelly
/s/ E. Thomas Fitzgerald
/s/ Michael G. Harrison
-2
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.