PEOPLE OF MI V MICHAEL BENNINS

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STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, UNPUBLISHED October 16, 1998 Plaintiff-Appellee, v No. 203803 Recorder’s Court LC No. 96-006258 MICHAEL BENNINS, Defendant-Appellant. Before: Whitbeck, P.J., and McDonald and T. G. Hicks*, JJ. MEMORANDUM. Defendant was convicted by jury of two counts of assault with intent to commit murder, MCL 750.83; MSA 28.278, and one count of possession of a firearm during the commission of a felony, MCL 750.227b; MSA 28.424(2). The trial court sentenced defendant to concurrent terms of imprisonment of twenty to forty years on the assault convictions and to a consecutive term of imprisonment of two years on the felony-firearm conviction. Defendant appeals as of right. We affirm. We decide this case without oral argument pursuant to MCR 7.214(E). Defendant’s twenty-year minimum sentences fall within the sentencing guidelines recommendation and, therefore, are presumptively proportionate. People v Eberhardt, 205 Mich App 587, 591; 518 NW2d 511 (1994). Defendant has failed to present sufficient mitigating factors to overcome the presumption of proportionality that attends sentences within the guidelines recommendation. Id. Affirmed. /s/ William C. Whitbeck /s/ Gary R. McDonald /s/ Timothy G. Hicks * Circuit judge, sitting on the Court of Appeals by assignment. -1

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