PEOPLE OF MI V DAVID ARTHUR WALKER

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STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, UNPUBLISHED February 17, 1998 Plaintiff-Appellee, v No. 198514 Recorder’s Court LC No. 95-004025 DAVID ARTHUR WALKER, Defendant-Appellant. Before: Markey, P.J., and Doctoroff and Smolenski, JJ. MEMORANDUM. A Detroit Recorder’s Court jury convicted defendant of assault with intent to do great bodily harm less than murder, MCL 750.84; MSA 28.279, and possession of a firearm during the commission of a felony, MCL 750.227b; MSA 28,424(2). Defendant was sentenced to consecutive terms of two years’ imprisonment for the felony-firearm conviction and to four to ten years’ imprisonment for the assault conviction. Defendant appeals as of right. We affirm. Defendant argues that his four-year minimum sentence violates the principle of proportionality. Defendant has failed to rebut the presumption of proportionality that attends a sentence falling within the sentencing guidelines recommended range. People v Miles, 454 Mich 90, 95; 559 NW2d 299 (1997); People v Bailey (On Remand), 218 Mich App 645, 647; 554 NW2d 391 (1996). Affirmed. /s/ Jane E. Markey /s/ Martin M. Doctoroff /s/ Michael R. Smolenski -1

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