PEOPLE OF MI V TOLLAND BROWN
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
August 6, 1999
Plaintiff-Appellee,
v
No. 212723
Recorder’s Court
LC No. 95-005386
TOLLAND BROWN,
Defendant-Appellant.
Before: White, P.J., and Markey and Wilder, JJ.
MEMORANDUM.
Defendant appeals by right his sentence for two counts of second-degree criminal sexual
conduct, MCL 750.520c(1)(a); MSA 28.788(3)(1)(a), entered after he pleaded guilty to probation
violation. We affirm.
Defendant argues that his sentence is disproportionate, in light of the original guidelines score of
zero to thirty-six months computed at the time of sentencing. However, sentencing guidelines are
inapplicable to a probation violation sentence. People v Williams, 223 Mich App 409, 411; 566
NW2d 649 (1997). The trial court is at liberty to consider defendant’s actions and the seriousness and
severity of the facts and circumstances surrounding the probation violation in arriving at the proper
sentence. People v Peters, 191 Mich App 159, 167; 477 NW2d 479 (1991). Here, where
defendant repeatedly violated probation, the trial court did not impose a disproportionate sentence
under the circumstances of this case.
Defendant also argues that disproportionality is established where he was convicted of a
probation violation in another, unrelated case and only received a six-month jail sentence. However,
that sentence was based on a less serious underlying conviction, for which defendant had not previously
violated probation. Where circumstances were dissimilar, there is no basis for using that sentence to
determine the proportionality of the instant sentence. The sentence imposed considered the totality of
the circumstances. People v Smith, 195 Mich App 147; 489 NW2d 135 (1992).
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Affirmed.
/s/ Helene N. White
/s/ Jane E. Markey
/s/ Kurtis T. Wilder
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