PEOPLE OF MI V REGINALD S COLEMAN

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STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, UNPUBLISHED December 1, 2000 Plaintiff-Appellee, v No. 217118 Wayne Circuit Court Criminal Division LC No. 98-004498 REGINALD S. COLEMAN, Defendant-Appellant. Before: Zahra, P.J., and Hood and McDonald, JJ. MEMORANDUM. Defendant was convicted by a jury of three counts of first-degree criminal sexual conduct, MCL 750.520b(1)(a); MSA 28.788(2)(1)(a), and five counts of second-degree criminal sexual conduct, MCL 750.520c(1)(a); MSA 28.788(3)(1)(a). He was sentenced to three terms of forty to eighty years each for the first-degree CSC convictions, and five terms of ten to fifteen years each for the second-degree CSC convictions, all sentences to be served concurrently. He appeals as of right. We affirm. Defendant argues that his forty to eighty year sentences are disproportionate under People v Milbourn, 435 Mich 630, 636; 461 NW2d 1 (1990). We disagree. Defendant’s sentences are within the range recommended by the sentencing guidelines and, therefore, are presumptively proportionate. Milbourn, supra at 656; People v Broden, 428 Mich 343, 354-355; 408 NW2d 789 (1987). Considering the seriousness of the offenses and defendant’s prior criminal record, we conclude that defendant has failed to overcome the presumption of proportionality. Affirmed. /s/ Brian K. Zahra /s/ Harold Hood /s/ Gary R. McDonald -1-

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