PEOPLE OF MI V JAMES RICKERT
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
May 18, 1999
Plaintiff-Appellee,
v
JAMES RICKERT,
No. 201149
Kent Circuit Court
LC No. 95-000063 FH
Defendant-Appellant.
Before: Kelly, P.J., and Neff and Smolenski, JJ.
MEMORANDUM.
Defendant pleaded guilty of attempted assault with intent to do great bodily harm less than
murder, MCL 750.84; MSA 28.279; MCL 750.92; MSA 28.287, and was sentenced to thirty
months’ probation, with the first twelve months to be served in the county jail subject to possible early
release on an electronic tether. Defendant subsequently pleaded guilty to violating a term of his
probation. He and received a sentence of eighteen to sixty months’ imprisonment. Defendant appeals
as of right. We dismiss defendant’s appeal. This case is being decided without oral argument pursuant
to MCR 7.214(E).
Defendant contends that his sentence was excessive and not proportional to the offense and the
offender. However, we decline to review defendant’s challenge to the proportionality of his sentence
because his challenge has been rendered moot by his service of the eighteen month minimum sentence.
People v Rutherford, 208 Mich App 198, 204; 526 NW2d 620 (1994).
Dismissed.
/s/ Michael J. Kelly
/s/ Janet T. Neff
/s/ Michael R. Smolenski
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