PEOPLE OF MI V ROOSEVELT JACKSON
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
November 9, 2004
Plaintiff-Appellee,
v
No. 249212
Wayne Circuit Court
LC No. 92-009615-01
ROOSEVELT JACKSON,
Defendant-Appellant.
Before: Murray, P.J., and Sawyer and Smolenski, JJ.
MEMORANDUM.
Defendant appeals as of right from a sentence of two to twenty years imposed on a pleabased conviction of possession with intent to deliver less than fifty grams of cocaine, MCL
333.7401(2)(a)(iv), following a determination that he violated the terms of his probation. We
affirm.
Defendant’s sole claim on appeal is that the trial court erred in ordering that his sentence
be served consecutively to a prison sentence imposed on a federal controlled substance
conviction. Defendant committed the federal offense several years after the instant offense, but
had already been convicted and sentenced when he appeared for sentencing on the instant
offense for violation of probation. Whether consecutive sentencing is authorized by a particular
statute is a question of law that is reviewed de novo on appeal. People v Lee, 233 Mich App
403, 405; 592 NW2d 779 (1999).
Defendant contends that consecutive sentencing was not permitted under MCL 768.7b(2).
The prosecutor agrees, as do we. However, consecutive sentencing was clearly permitted under
MCL 333.7401(3). Lee, supra at 406-407; People v Hughes, 217 Mich App 242, 245-246; 550
NW2d 871 (1996).
Affirmed.
/s/ Christopher M. Murray
/s/ David H. Sawyer
/s/ Michael R. Smolenski
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