PEOPLE OF MI V DONALD ALLEN LUCAS

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STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, UNPUBLISHED June 4, 1999 Plaintiff-Appellee, v No. 214347 Ottawa Circuit Court LC No. 95-018650 FH DONALD ALLEN LUCAS, Defendant-Appellant. Before: Sawyer, P.J., and Murphy and Talbot, JJ. MEMORANDUM. Defendant appeals by right from the order of the circuit court revoking his probation for the underlying offense of assault with intent to commit second-degree criminal sexual conduct, MCL 750.520g(2); MSA 28.788(7)(2), and sentencing him to 1-½ to 5 years in prison. Defendant contends that there was insufficient evidence to sustain the underlying conviction and that the sentence imposed for the probation violation is disproportionate. We affirm. Pursuant to a motion to dismiss under MCR 7.211(C)(2)(a), defendant's appeal of the underlying conviction was dismissed in a March 5, 1999 order. Because defendant has already served his minimum sentence, we decline to review the issue of proportionality. See People v Rutherford, 208 Mich App 198, 204; 526 NW2d 620 (1994). “Where a subsequent event renders it impossible for this Court to fashion a remedy, an issue becomes moot.” Id. Affirmed. /s/ David H. Sawyer /s/ William B. Murphy /s/ Michael J. Talbot -1

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