PEOPLE OF MI V DON CORNELIUS LEE
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
October 29, 1999
Plaintiff-Appellee,
v
No. 207992
Saginaw Circuit Court
LC No. 94-009884 FH
DON CORNELIUS LEE,
Defendant-Appellant.
Before: Whitbeck, P.J., and Gribbs and White, JJ.
MEMORANDUM.
Defendant appeals as of right from his consecutive sentences of two to twenty years for
possession with intent to deliver less than fifty grams of cocaine, MCL 333.7401(2)(a)(iv); MSA
14.15(7401)(2)(a)(iv), and two to five years for carrying a concealed weapon in a motor vehicle, MCL
750.227; MSA 28.424. We affirm.
Defendant argues that his sentences are disproportionate. We disagree. Defendant’s sentences
were not enhanced in spite of his status as a second habitual offender. MCL 769.10; MSA 28.1082.
The sentencing guidelines do not apply to habitual offenders. People v Williams, 223 Mich App 409,
412-413; 566 NW2d 649 (1997). The standard of review for a sentence imposed on an habitual
offender is abuse of discretion. People v Hansford (After Remand), 454 Mich 320, 323-324, 326;
562 NW2d 460 (1997). If an habitual offender’s underlying criminal history demonstrates that he is
unable to conform his conduct to the law, a sentence within the statutory limits does not constitute an
abuse of discretion. Id. Defendant was on parole for the offense of possession with intent to deliver
cocaine when he committed the instant offenses. His sentences are within statutory limits, and do not
constitute an abuse of discretion.
Affirmed.
-1
/s/ William C. Whitbeck
/s/ Roman S. Gribbs
/s/ Helene N. White
-2
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