PEOPLE OF MI V JAMES J SWAIN

 Annotate this Case
Download PDF
STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, UNPUBLISHED March 17, 2000 Plaintiff-Appellee, v No. 206591 Oakland Circuit Court LC No. 96-148870-FH JAMES J. SWAIN, Defendant-Appellant. Before: Murphy, P.J., and Hood and Fitzgerald, JJ. MEMORANDUM. Following a jury trial, defendant was convicted of wilfully and maliciously killing or injuring an animal, MCL 750.50b; MSA 28.245(b), and was sentenced to thirty-two months to four years in prison. He appeals as of right. We affirm. On appeal, defendant raises only issues regarding the sentence imposed. Defendant first contends that his sentence was excessive because it exceeded the probation department’s recommended sentence. We disagree. The trial court is not bound to consider sentences imposed by the probation department. People v Grunbaum, 170 Mich App 821, 828; 429 NW2d 239 (1988). Defendant also contends that his sentence was not proportionate to the seriousness of the offense and the offender. Again, we disagree. The dog’s death was caused by blunt force trauma that was so severe that it severed the dog’s spinal cord and caused its eyeball to leave its socket. The severity of the dog’s injuries evidences purposeful mutilation of the animal. Although only nineteen years of age at the time of the offense, defendant has a criminal history that is significant for his age, and his crimes have escalated in severity. The record indicates that defendant was not rehabilitated through boot camp or jail, and that he violated probation. After a thorough review of the record, we find that the sentence imposed, which is the maximum sentence mandated for this offense, is proportionate to the circumstances surrounding the offense and the offender. People v Milbourn, 435 Mich 630; 461 NW2d 1 (1990). -1­ Affirmed. /s/ William B. Murphy /s/ Harold Hood /s/ E. Thomas Fitzgerald -2­

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.