PEOPLE OF MI V SEAN CHRISTOPHER BONE
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
April 6, 2001
Plaintiff-Appellee,
v
No. 220258
Oakland Circuit Court
LC No. 98-162405-FH
SEAN CHRISTOPHER BONE,
Defendant-Appellant.
Before: Talbot, P.J., and Sawyer and F.L. Borchard*, JJ.
MEMORANDUM.
Defendant appeals as of right his jury convictions for felonious assault, MCL 750.82;
MSA 28.277, felon in possession of a firearm, MCL 750.244f; MSA 28.421(6), and felonyfirearm, MCL 750.227b; MSA 28.424(2). We affirm. This appeal is being decided without oral
argument pursuant to MCR 7.214(E).
On appeal, defendant asserts that he is entitled to resentencing where the trial court
improperly relied on uncharged criminal conduct in sentencing. A sentencing court may consider
the facts underlying uncharged offenses, pending charges and acquittals if the facts are supported
by reliable evidence. People v Lawrence, 206 Mich App 378, 379; 522 NW2d 654 (1994).
Here, the trial court noted that a brutal beating of another person accompanied the crimes for
which defendant was convicted. The trial court stated at sentencing that the victim of these
crimes did not receive a beating. Defendant did not raise any further objection, and he did not
move for an evidentiary issue, thus the issue is not preserved. Id. at 380. Where there was
reliable evidence presented that defendant was involved in the beating at some level, there is no
showing that the court improperly considered that conduct in passing sentence.
Affirmed.
/s/ Michael J. Talbot
/s/ David H. Sawyer
/s/ Fred L. Borchard
* Circuit judge, sitting on the Court of Appeals by assignment.
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