PEOPLE OF MI V FRED E DOWELL
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
September 15, 1998
Plaintiff-Appellee,
v
No. 199751
Oakland Circuit Court
LC No. 93-124061 FH
FRED E. DOWELL,
Defendant-Appellant.
Before: Whitbeck, P.J., McDonald and T. G. Hicks*, JJ.
MEMORANDUM.
Defendant pleaded guilty to two counts of delivery of less than fifty grams of cocaine, MCL
333.7401(1) and (2)(a)(iv); MSA 14.15(7401)(1) and (2)(a)(iv). The trial court sentenced defendant
to consecutive terms of imprisonment of three to twenty years. Defendant appeals as of right. We
affirm. We decide this case without oral argument pursuant to MCR 7.214(E).
Defendant has failed to overcome the presumption of proportionality that attends a sentence
within the sentencing guidelines recommendation, particularly in light of defendant’s failure to appear at
the originally scheduled sentencing and his commission of additional criminal offenses while awaiting
sentencing in this case. People v Miles, 454 Mich 90, 94-95; 559 NW2d 299 (1997) (each
consecutive sentence analyzed separately for its proportionality without regard to its consecutive
nature); People v Eberhardt, 205 Mich App 587, 591; 518 NW2d 511 (1994).
Because the trial court was not required to inform defendant of the consecutive nature of his
sentences at the plea-taking, the trial court’s failure to so advise defendant does not render defendant’s
pleas invalid. MCR 6.302(B); People v Johnson, 413 Mich 487, 490; 320 NW2d 876 (1982).
Affirmed.
* Circuit judge, sitting on the Court of Appeals by assignment.
-1
/s/ William C. Whitbeck
/s/ Gary R. McDonald
/s/ Timothy G. Hicks
-2
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