PEOPLE OF MI V VERN DEWAYNE GREENWOOD JR
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
October 4, 1996
Plaintiff-Appellee,
v
No. 179768
LC No. 94-000729-FC
VERN DEWAYNE GREENWOOD, JR.,
Defendant-Appellant.
Before: J.H. Gillis, P.J., and G.S. Allen and J.B. Sullivan, JJ.*
MEMORANDUM.
Defendant pleaded guilty of operating a motor vehicle while under the influence of alcohol
thereby causing death, MCL 257.625(4); MSA 9.2325(4), and was sentenced to eight to fifteen years’
imprisonment. He appeals as of right. We affirm. This case has been decided without oral argument
pursuant to MCR 7.214(A).
Defendant’s sentence does not violate the principle of proportionality. People v Milbourn, 435
Mich 630, 636; 461 NW2d 1 (1990). Defendant did not receive the most severe sentence possible.
From the trial court’s statements at sentencing, it is clear that the court took into account the mitigating
facts of this case, including defendant’s background, as well as the aggravating facts. Moreover, this
was defendant’s second alcohol-related offense.
Defendant next argues that the trial court erred by scoring and considering the sentencing
guidelines for manslaughter when there were no guidelines in existence at the time of sentencing for the
offense of OUIL causing death. Any claim of error is waived on appeal. Defendant asked the trial
court to score and consider the guidelines for manslaughter in making its sentencing decision. A
defendant is prohibited from requesting certain action in the trial court and then arguing on appeal that
such action was erroneous. People v Piotrowski, 211 Mich App 527, 530-531; 536 NW2d 293
(1995).
*Former Court of Appeals judges, sitting on the Court of Appeals by assignment pursuant to
Administrative Order 1996-3.
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Finally, defendant argues that the offense of OUIL causing death is unconstitutional as a strict
liability offense. This i sue was decided against defendant’s position in People v Lardie, 207 Mich
s
App 615, 618-621; 525 NW2d 504 (1994), lv gtd 450 Mich 865 (1995). See also People v Price,
214 Mich App 538, 547; 543 NW2d 49 (1995).
Affirmed.
/s/ John H. Gillis
/s/ Glenn S. Allen, Jr.
/s/ Joseph B. Sullivan
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