PEOPLE OF MI V ROBERTA JO BORTON

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STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, UNPUBLISHED May 21, 1999 Plaintiff-Appellee, v No. 208215 Jackson Circuit Court LC No. 96-077263 FH ROBERTA JO BORTON, a/k/a ROBERTA JO BORTON-GORDON, Defendant-Appellant. Before: Griffin, P.J., and Cavanagh and Fitzgerald, JJ. MEMORANDUM. Following her plea of guilty of drawing a check on a bank without a bank account, MCL 750.131a; MSA 28.326(1), defendant was sentenced to two years’ probation. She subsequently pleaded guilty of violating the terms of her probation and, thereafter, was sentenced to one year’s incarceration in the county jail. 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 has fully served her sentence. Accordingly, her challenge to the proportionality of her sentence is moot. People v Rutherford, 208 Mich App 198, 204; 526 NW2d 620 (1994). Dismissed. /s/ Richard Allen Griffin /s/ Mark J. Cavanagh /s/ E. Thomas Fitzgerald -1

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