PEOPLE OF MI V MICHAEL M LIPMAN
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
May 4, 1999
Plaintiff-Appellee,
v
MICHAEL M. LIPMAN,
Defendant-Appellant.
No. 200964
Kent Circuit Court
LC Nos. 95-003010 FH
96-006971 FH
96-006972 FH
96-006973 FH
Before: Kelly, P.J., and Neff and Smolenski, JJ.
MEMORANDUM.
In lower court docket no. 95-003010 FH, defendant pleaded guilty to breaking and entering a
building with intent to commit larceny, MCL 750.110; MSA 28.305, and was sentenced to 1-1/2 to 10
years’ imprisonment. In lower court docket nos. 96-006971 FH, 96-006972 FH, and 96-006973
FH, defendant pleaded guilty to one count each of second-degree home invasion, MCL 750.110a(3);
MSA 28.305(a)(3), and was sentenced to concurrent terms of 5-1/2 to 15 years’ imprisonment. The
sentences in lower court docket nos. 96-006971 FH, 96-006972 FH, and 96-006973 FH are to be
served consecutively to the sentence imposed in lower court docket no. 95-003010 FH, the home
invasions having been committed while defendant was on bond for the breaking and entering offense.
Defendant appeals by leave. We affirm. These cases are being decided without oral argument pursuant
to MCR 7.214(E).
We decline to address defendant’s challenge to the constitutional validity of four of defendant’s
prior misdemeanor convictions. We cannot conclude on the record before us that the trial court
considered these prior convictions when fashioning defendant’s sentences where the prior convictions
are for non-theft offenses and where, at the hearing on the motion for resentencing, the trial court
indicated that its motivations for imposing the sentences it did were defendant’s “incredible record as a
burglar,” defendant’s commission of f urteen burglaries after he absconded on bond in lower court
o
docket no. 95-003010 FH, and defendant’s complete lack of remorse.
Affirmed.
/s/ Michael J. Kelly
/s/ Janet T. Neff
/s/ Michael R. Smolenski
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