PEOPLE OF MI V DEWAYER WILLIAMS
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
January 26, 2001
Plaintiff-Appellee,
v
No. 216070
Wayne Circuit Court
LC No. 98-003095
DEWAYER WILLIAMS,
Defendant-Appellant.
Before: Collins, P.J., and Doctoroff and White, JJ.
MEMORANDUM.
Defendant was convicted following a bench trial of operating a motor vehicle while under
the influence of intoxicating liquor causing serious injury, MCL 257.625(5); MSA 9.2325(5). He
was sentenced to serve thirty to sixty months in prison. He appeals as of right and we affirm.
This appeal is being decided without oral argument pursuant to MCR 7.214(E).
On appeal, defendant argues that his sentence is disproportionate. Defendant’s failure to
submit to this Court a copy of the presentence investigation report as required by MCR
7.212(C)(7) operates to waive appellate review of his sentencing issue. People v Oswald, 208
Mich App 444, 446; 528 NW2d 782 (1995); People v Rodriguez, 212 Mich App 351, 355; 538
NW2d 42 (1995).
In any event, defendant’s sentence is not disproportionate. Defendant’s attempt to
compare his offense and sentence to that of negligent homicide, a two-year misdemeanor offense,
is not persuasive. Defendant’s conduct driving drunk and arguing with a passenger to the
point of a physical altercation was not mere negligence. Given the egregiousness of
defendant’s conduct and the grave nature of the victim’s injuries, the sentence imposed is not
disproportionate.
Affirmed.
/s/ Jeffrey G. Collins
/s/ Martin M. Doctoroff
/s/ Helene N. White
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