PEOPLE OF MI V KENNETH EUGENE SHOOK
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
August 16, 1996
Plaintiff-Appellee,
v
No. 180594
LC No. 94-9306-FC
KENNETH EUGENE SHOOK,
Defendant-Appellant.
Before: O’Connell, P.J., and Saad and W.J. Giovan,* JJ.
MEMORANDUM.
Defendant appeals as of right his plea-based conviction to first-degree criminal sexual conduct
with a person under thirteen, MCL 750.520b(1)(a); MSA 28.788(2)(1)(a), second-degree criminal
sexual conduct with a person under thirteen, MCL 750.520c(1)(a); MSA 28.788(3)(1)(a), and habitual
offender, second offense, MCL 769.10; MSA 28.1082. Defendant was sentenced to concurrent terms
of twenty to thirty-five years’ imprisonment with respect to the first-degree criminal sexual conduct
conviction and five to fifteen years’ imprisonment with respect to the second-degree criminal sexual
conduct conviction. We affirm.
The sole issue on appeal is defendant’s claim that the trial court erred in assessing fifty points for
offense variable (OV) 12. On January 17, 1996, this Court issued an order holding in abeyance our
decision in this case pending the release of the decision in the conflict case of People v Raby, ___ Mich
App ___; ___ NW2d ___ (Docket No. 173809, issued July 30, 1996), which has now been decided
by a special panel of this Court pursuant to Administrative Order 1994-4.
The question concerning the proper scoring of OV 12 was addressed by the panel in People v
Raby, supra. For the reasons stated in Raby, supra, we affirm the decision of the trial court.
Affirmed.
* Circuit judge, sitting on the Court of Appeals by assignment.
-1
/s/ Peter D. O’Connell
/s/ Henry William Saad
/s/ William J. Giovan
-2
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