PEOPLE OF MI V CHARLES RAYMOND STEWART 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UNPUBLISHED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. 186454
LC No. 95-037741-FC
CHARLES RAYMOND STEWART, JR.,
Defendant-Appellant.
Before: J.H. Gillis, P.J., and G.S. Allen and J.B. Sullivan, JJ.*
MEMORANDUM.
Defendant pleaded guilty to second-degree criminal sexual conduct, MCL 750.520c(1)(a);
MSA 28.788(3)(1)(a), and was sentenced to five 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).
We decline appellate consideration of defendant’s claim of judicial bias. The issue is not
properly before us for consideration because defendant failed to raise the issue below by way of a
motion for disqualification. In re Forfeiture of $53, 178 Mich App 480, 497; 444 NW2d 182
(1989).
Defendant’s minimum sentence is within the sentencing guidelines’ range and so is presumptively
proportionate. People v Broden, 428 Mich 343, 354-355; 408 NW2d 789 (1987); People v Dukes,
189 Mich App 262, 266; 471 NW2d 651 (1991). Defendant has not presented any unusual
circumstances to rebut that presumption. People v Sharp, 192 Mich App 501, 505-506; 481 NW2d
773 (1992). On the record before us, we find that the sentencing court did not abuse its discretion
when it imposed a five-year minimum sentence. People v Milbourn, 435 Mich 630; 461 NW2d 1
(1990).
*Former Court of Appeals judges, sitting on the Court of Appeals by assignment pursuant to
Administrative Order 1996-3.
-1
Affirmed.
/s/ John H. Gillis
/s/ Glenn S. Allen, Jr.
/s/ Joseph B. Sullivan
-2
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