PEOPLE OF MI V TRISHA LYNN ALCOCK
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
September 4, 1998
Plaintiff-Appellee,
v
No. 207988
Saginaw Circuit Court
LC No. 94-9452-FH
TRISHA LYNN ALCOCK,
Defendant-Appellant.
ON REMAND
Before: Hood, P.J., and McDonald and Young, JJ.
MEMORANDUM.
Defendant was convicted following a jury trial of assault with intent to do great bodily harm less
than murder, MCL 750.84; MSA 28.279, and conspiracy to commit aggravated assault, MCL
750.81a; MSA 28.276(1). Defendant was sentenced to 7 1/2 to 15 years' imprisonment for the
conviction of assault with intent to do great bodily harm, reflecting enhancement based on a conviction
of habitual offender, second offense, MCL 769.10; MSA 28.1082, and a concurrent t rm of 12
e
months' imprisonment for the conviction of conspiracy to commit aggravated assault.
Defendant appealed as of right. We affirmed her convictions, but remanded the case to the trial
court for an articulation of the reasons for the sentence imposed on the assault conviction. People v
Alcock, unpublished opinion per curiam of the Court of Appeals, issued July 15, 1997 (Docket No.
186905). We failed to retain jurisdiction. After the trial court articulated its reasons for imposing the
sentence, defendant filed a claim of appeal, which was dismissed by this Court. Defendant then filed an
application for leave to our Supreme Court. The Supreme Court remanded the case back to our Court
for a review of whether defendant's sentence was proportionate. We have considered the supplemental
briefs filed by the parties, and affirm the sentences.
A sentence must be proportionate to the seriousness of the circumstances surrounding the
offense and the offender. People v Milbourn, 435 Mich 630, 635-636; 461 NW2d 1 (1990). It is
therefore appropriate for the sentencing court to review the nature of the offense and the background of
the offender. Id. at 651. In addition, because defendant was sentenced as an habitual offender, the
sentencing guidelines are irrelevant and will not be considered by this Court
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in reviewing defendant's sentence. People v Edgett, 220 Mich App 686, 694; 560 NW2d 360
(1996). Under the circumstances, we find that the sentence imposed was proportionate to the offense
and the offender. Milbourn, supra at 636.
The evidence showed that defendant participated in a vicious attack on the victim, which
resulted in serious injury. In addition, defendant had a prior criminal record and, the court had
information before it that defendant was involved with a violent street gang that engaged in numerous
criminal activities. The nature of the assault and defendant's prior criminal record were sufficient reasons
for imposing the sentence. It was not disproportionate.
Affirmed.
/s/ Harold Hood
/s/ Gary R. McDonald
/s/ Robert P. Young, Jr.
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