PEOPLE OF MI V BURKE D V BARDWELL
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
January 24, 1997
Plaintiff-Appellee,
v
No. 195010
Detroit Recorder’s Court
LC No. 93-013624-01
BURKE BARDWELL,
Defendant-Appellant.
Before: M.J. Kelly, P.J., and Saad and H.A. Beach,* JJ.
MEMORANDUM.
Defendant was charged with six counts of first-degree criminal sexual conduct, MCL
750.520b(1)(a); MSA 28.788(2), and one count of felony firearm, MCL 750.227b; MSA 28.424(2),
in connection with multiple penetrations of a twelve-year old girl. He pleaded guilty to two counts of
CSC, first degree, under an agreement that he would be sentenced to a minimum term falling between
eight to twenty years. He was in fact, sentenced to a term of ten to twenty years, and he now appeals,
arguing that this sentence violates the principle of proportionality, under People v Milbourn, 435 Mich
630; 461 NW2d 1 (1990).
Defendant has appealed previously on a scoring issue, and he has been resentenced.
Defendant’s current sentence was within the recommended guidelines range of ten to twenty-five years,
and is thus presumptively proportionate. People v Fisher, 442 Mich 560, 582; 503 NW2d 50
(1993). Because defendant has failed to present this Court with any compelling argument to overcome
this presumption of proportionality, we affirm. Id.
Affirmed.
* Circuit judge, sitting on the Court of Appeals by assignment.
-1
/s/ Michael J. Kelly
/s/ Henry William Saad
/s/ Harry A. Beach
-2
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