PEOPLE OF MI V ROBERT EUGENE HOLLEY
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
August 8, 2000
Plaintiff-Appellee,
v
No. 217189
Calhoun Circuit Court
LC No. 98-001902-FH
ROBERT EUGENE HOLLEY,
Defendant-Appellant.
Before: Gage, P.J., and Gribbs and Sawyer, JJ.
MEMORANDUM.
Defendant was convicted of one count of resisting and obstructing a police officer, MCL
750.479; MSA 28.747, and two counts of domestic violence, MCL 750.81; MSA 28.276. He was
sentenced as a fourth habitual offender, MCL 769.12; MSA 28.1084, to concurrent terms of three to
fifteen years’, and ninety-three days. Defendant appeals by right. We affirm.
On appeal defendant argues only that his sentence is disproportionate. There is no merit to this
claim. Although defendant first contends that his sentence is outside the sentencing guidelines range, the
guidelines do not apply to habitual offender convictions. People v Gatewood, (On Remand) 216 Mich
App 559, 560; 550 NW2d 265 (1996). A proportional sentence is one that reflects the seriousness of
the offense and the circumstances of the offender. People v Milbourn, 435 Mich 630, 650; 461
NW2d 1 (1990). A sentence that violates the principle of proportionality is an abuse of discretion. Id.,
653.
We find no abuse of discretion here. Defendant has seven prior convictions, and all but one
involve assaultive behavior. In this case defendant not only assaulted his adult girlfriend but also
punched her two-year-old child in the head. It took three officers to subdue and arrest him.
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Defendant was on parole at the time of the instant crimes. Defendant’s sentence was proportionate to
the circumstances surrounding the offense and the offender.
Affirmed.
/s/ Hilda R. Gage
/s/ Roman S. Gribbs
/s/ David H. Sawyer
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