PEOPLE OF MI V KEVIN PATRICK TREVOR
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
August 4, 2000
Plaintiff-Appellee
v
KEVIN PATRICK TREVOR,
No. 218732
Osceola Circuit Court
LC No. 98-002872-FH
Defendant-Appellant
Before: Murphy, P.J., and Kelly and Talbot, JJ.
MEMORANDUM.
Defendant was convicted by a jury of unlawful driving away of an automobile, MCL 750.414;
MSA 28.646, and fleeing and eluding a police officer, MCL 750.479a; MSA 28.747(1), for which he
was sentenced as an habitual o
ffender, third offense, to serve concurrent prison terms of 32 to 48
months and to pay a fine of $1,000. Defendant appeals as of right, and we affirm. This appeal is being
decided without oral argument pursuant to MCR 7.214(E).
Defendant argues that because he was sentenced to imprisonment for both convictions, the
maximum fine that could be imposed was $500 under the fleeing and eluding statute. While a difference
in language exists between the two penal statutes, i.e., one provides for imprisonment “or” a fine, and
the other expressly provides for imprisonment, a fine, “or both,” the distinction is without a difference in
light of MCL 769.5; MSA 28.1077. The statute provides in pertinent part that where “an offense shall
be punished by fine or imprisonment, the court may impose both such fine and imprisonment in its
discretion.” Thus, the trial court in this case was authorized to impose, in its discretion, both
imprisonment and a fine under the UDAA statute. See People v Krum, 374 Mich 356, 361-362; 132
NW2d 69 (1965). Accordingly, a total fine of $1,000 for defendant’s two convictions is not invalid.
Affirmed.
/s/ William B. Murphy
/s/ Michael J. Kelly
/s/ Michael J. Talbot
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