PEOPLE OF MI V MELISSA MARIE BURGESS
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
November 19, 2002
Plaintiff-Appellee,
v
MELISSA MARIE BURGESS, a/k/a MELISSA
MARIE LOWREY,
No. 233193
St. Joseph Circuit Court
LC No. 99-009678-FH
Defendant-Appellant.
Before: Griffin, P.J., and Gage and Meter, JJ.
MEMORANDUM.
Defendant was convicted of two counts of forgery, MCL 750.248, and two counts of
uttering and publishing a forged instrument, MCL 750.249, for which she was sentenced to serve
four concurrent prison terms of seven to fourteen years. She appeals as of right. We affirm.
This appeal is being decided without oral argument pursuant to MCR 7.214(E).
On appeal, defendant argues that the sentences are disproportionate. We disagree.
Defendant’s seven-year minimum sentences fall within the guidelines range, albeit at the high
end, and therefore are presumptively proportionate. People v Hogan, 225 Mich App 431, 437;
571 NW2d 737 (1997). Defendant’s fourteen-year maximum sentences are the statutory
maximum for uttering and publishing a forged instrument, MCL 750.249, and forgery, MCL
750.248. Given the serious nature of the present offenses, defendant’s extensive criminal
history—including five felony and ten misdemeanor convictions—and the fact that she
absconded on the initial day of sentencing, we do not find that any of the factors cited by
defendant overcome the presumption of proportionality. Accordingly, defendant has failed to
demonstrate an abuse of discretion by the sentencing judge or a violation of the principle of
proportionality. People v Milbourn, 435 Mich 630, 636; 461 NW2d 1 (1990).
Affirmed.
/s/ Richard Allen Griffin
/s/ Hilda R. Gage
/s/ Patrick M. Meter
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