PEOPLE OF MI V TERENCE ANTHONY MACKSON

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STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, UNPUBLISHED May 11, 1999 Plaintiff-Appellee, v No. 202021 Washtenaw Circuit Court LC No. 93-001695 FH TERENCE ANTHONY MACKSON, Defendant-Appellant. PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v No. 202022 Washtenaw Circuit Court LC No. 94-002994 FH TERENCE ANTHONY MACKSON, Defendant-Appellant. Before: Gage, P.J., and Gribbs and Hoekstra, JJ. MEMORANDUM. Defendant appeals by right his sentences for possession of less than 25 grams of heroin, MCL 333.7403(2)(a)(v); MSA 14.15(7403)(2)(a)(v), and first-degree retail fraud, second offense, MCL 750.356(c); MSA 28.588(3), entered after defendant pleaded guilty to violating probation. We affirm. On appeal, defendant argues that his one to four-year sentence for possession of heroin, and his one to three-year sentence for retail fraud are disproportionate. There is no merit to this argument. Under People v Milbourn, 435 Mich 630; 461 NW2d 1 (1990), the key test of proportionality is whether the sentence reflects the seriousness of the matter. People v Lemons, 454 Mich 234, 260; 562 NW2d 447 (1997). Along with the instant crimes, defendant was also found guilty of a number of other offenses, causing the trial court to observe that defendant was a -1­ “one-man crime spree.” Given defendant’s long criminal history, there is no showing that his sentences in these cases were disproportionate. Affirmed. /s/ Hilda R. Gage /s/ Roman S. Gribbs /s/ Joel P. Hoekstra -2­

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