PEOPLE OF MI V CLAVERN TYSON BEY JR

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STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, UNPUBLISHED October 1, 1996 Plaintiff-Appellant, v No. 184841 LC No. 94-134332-FH CLAVERN TYSON BEY, JR., Defendant-Appellee. Before: J.H. Gillis, P.J., and G.S. Allen and J.B. Sullivan, JJ.* MEMORANDUM. Defendant pleaded guilty to possession of less than twenty-five grams of cocaine, MCL 333.7403(2)(a)(v); MSA 14.15(7403)(2)(a)(v), and to being a second controlled substance offender, MCL 333.7413(2); MSA 14.15(7413)(2). Plaintiff appeals as of right, challenging defendant’s sentence of two years’ probation. We affirm. This case has been decided without oral argument pursuant to MCR 7.214(E)(1)(b). The trial court did not abuse its sentencing discretion in imposing a two-year probationary term. People v Milbourn, 435 Mich 630, 635-636; 461 NW2d 1 (1990). Although the sentence was below the recommended guidelines’ range, the court noted that the probation department also recommended probation and believed that defendant, an admitted drug addict, is in need of treatment. Affirmed. /s/ John H. Gillis /s/ Glenn S. Allen, Jr. /s/ Joseph B. Sullivan *Former Court of Appeals judges, sitting on the Court of Appeals by assignment pursuant to Administrative Order 1996-3. -1­

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