PEOPLE OF MI V MICHAEL T MURPHY
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
January 17, 1997
Plaintiff-Appellee,
v
No. 190063
Oakland County
LC Nos. 95-138441 FC
95-138442 FC
95-140263 FC
95-140264 FC
MICHAEL T. MURPHY,
Defendant-Appellant.
_________________________________________
Before: Markman, P.J., and O’Connell and D. J. Kelly,* JJ.
PER CURIAM.
Defendant pleaded guilty to three counts of armed robbery, MCL 750.529; MSA 28.284, one
count of assault with intent to rob while armed, MCL 750.89; MSA 28.1082, and to being an habitual
offender, second offense. MCL 769.10; MSA 28.1082. He was sentenced to four concurrent terms
of imprisonment of five to thirty years. He now appeals as of right, challenging the proportionality of the
sentences imposed. We affirm.
First, defendant offers no authority for his suggestion that his alleged mental illness and drug
addiction justify more lenient sentences than those imposed. We will not search for authority to support
a party’s position. People v Smielewski, 214 Mich App 55, 64 n 10; 542 NW2d 293 (1995). We
decline to address this issue further.
Second, defendant apparently believes that the proportionality of a sentence is reviewed in
terms of the upper limit of the sentence range imposed (here, thirty years) rather than in terms of the
lower limit of the sentence range imposed (here, five years). It is not. See, e.g., People v Rivera, 216
Mich App 648, 652; 550 NW2d 593 (1995).
Finally, contrary to defendant’s assertion that he “really” committed only unarmed robberies
and should be sentenced accordingly, “a finger or other object hidden in a bag or under a coat to
simulate the appearance of a weapon,” People v Jolly, 442 Mich 458, 469; 502 NW2d 177 (1993),
* Circuit judge, sitting on the Court of Appeals by assignment.
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is sufficient to satisfy the “dangerous weapon” requirement of the armed robbery statute, MCL
750.529; MCL 28.797.
Because the sentences imposed reflect the seriousness of the matter, People v Houston, 448
Mich 312, 320; 532 NW2d 508 (1995), we find no abuse of discretion. People v Milbourn, 435
Mich 630, 635-636; 461 NW2d 1 (1990).
Affirmed.
/s/ Stephen J. Markman
/s/ Peter D. O’Connell
/s/ Daniel J. Kelly
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