PEOPLE OF MI V MARCUS WILLIAMS
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
February 22, 2000
Plaintiff-Appellee,
v
No. 201273
Recorder’s Court
LC No. 94-001047
MARCUS WILLIAMS,
Defendant-Appellant.
Before: Doctoroff, P.J., and Holbrook and Kelly, JJ.
MEMORANDUM.
Defendant appeals as of right his bench trial convictions for two counts of armed robbery, MCL
750.529; MSA 28.797, and unlawfully driving away an automobile (UDAA), MCL 750.413; MSA
28.645. Defendant was originally sentenced to terms of twelve to twenty years for each of the armed
robbery convictions, and three to five years for the UDAA conviction, the sentences to run
concurrently. However, this Court remanded defendant’s case for resentencing, resulting in sentences
of seven to twenty years for each of the armed robbery convictions, and a term of three to five years for
the UDAA conviction, the sentences to run concurrently. We affirm.
Defendant’s sole issue on appeal is that the trial court abused its discretion when it exceeded the
guidelines range of two to six years and sentenced him to minimum terms of seven years for the armed
robbery convictions. We disagree. This Court reviews sentencing decisions under an abuse of
discretion standard. People v Milbourn, 435 Mich 630, 636; 461 NW2d 1 (1990). A sentence
constitutes an abuse of the trial court’s discretion if it violates the principle of proportionality. Milbourn,
supra. The principle of proportionality requires sentences imposed by the trial court to be
“proportionate to the seriousness of the circumstances surrounding the offense and the offender.”
Milbourn, supra.
Defendant’s sentence does not violate the principle of proportionality. Although
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defendant’s sentence did exceed the guidelines range, the departure is minimal and can be justified by
the jeopardy defendant placed the victims in as well as the terror he caused them.
Affirmed.
/s/ Martin M. Doctoroff
/s/ Donald E. Holbrook, Jr.
/s/ Michael J. Kelly
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