PEOPLE OF MI V RAUL E RAMIREZ JR
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
February 20, 1998
Plaintiff-Appellee,
v
No. 198910
Midland Circuit Court
LC No. 92-006715 FH
RAUL E. RAMIREZ, JR.,
Defendant-Appellant.
Before: Michael J. Kelly, PJ., and Fitzgerald and M.G. Harrison*, JJ.
MEMORANDUM.
Defendant appeals by right his sentence of three to five years’ imprisonment, following his guilty
plea to probation violation based on an underlying offense of OUIL, third offense, MCL 257.625(6)(d);
MSA 9.2325(6)(d). The probation violation consisted of domestic assault and consumption of alcohol
occurring on February 5, 1996, consumption of alcohol, driving an automobile on a public highway, and
OUIL and driving with a suspended license, all occurring on July 20, 1996. We affirm.
Defendant contends that his three to five year sentence is disproportionate to the offense and to
the offender. As a probation violator, defendant’s sentence is subject to review only for abuse of the
trial court’s sentencing discretion. People v Williams, 223 Mich App 409; 566 NW2d 649 (1997).
Given the nature of the offense, the separate and sequential violations of probation involving alcohol, and
defendant’s defiance of the law by driving drunk and with a suspended license, in addition to his
assaultive behavior, no abuse of the trial court’s sentencing discretion has been demonstrated on this
record.
Affirmed.
/s/ Michael J. Kelly
/s/ E. Thomas Fitzgerald
/s/ Michael G. Harrison
* Circuit judge, sitting on the Court of Appeals by assignment.
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