PEOPLE OF MI V COREY CROOM

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STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, UNPUBLISHED May 15, 1998 Plaintiff-Appellee, v No. 200230 Genesee Circuit Court LC No. 94-051397 FC COREY CROOM, Defendant-Appellant. Before: Bandstra, P.J., and MacKenzie and N.O. Holowka*, JJ. MEMORANDUM. As a consequence of defendant’s plea-based conviction to second-degree murder, MCL 750.317; MSA 28.549, defendant was sentenced to twenty-five to fifty years’ imprisonment. We vacated defendant’s sentence and remanded for resentencing without commenting on the proportionality of defendant’s original sentence. People v Croom, unpublished opinion per curiam of the Court of Appeals, decided May 17, 1996 (Docket No. 186202). On remand, defendant was sentenced to twenty-three to fifty years’ imprisonment. Defendant appeals as of right. We affirm. This case is being decided without oral argument pursuant to MCR 7.214(E). Defendant’s twenty-three-year minimum sentence does not violate the principle of proportionality, especially in light of the circumstances surrounding the killing and the leniency afforded defendant by the plea agreement. People v Milbourn, 435 Mich 630; 461 NW2d 1 (1990); People v Dixon, 217 Mich App 400, 412-413; 552 NW2d 663 (1996). In light of this conclusion, defendant’s sentencing guidelines scoring challenge does not state a cognizable claim for relief. People v Mitchell, 454 Mich 145, 176-177; 560 NW2d 600 (1997). We affirm. * Circuit judge, sitting on the Court of Appeals by assignment. -1­ /s/ Richard A. Bandstra /s/ Barbara B. MacKenzie /s/ Nick O. Holowka -2­

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