PEOPLE OF MI V HERMAN JOSEPH GARCIA
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
March 25, 1997
Plaintiff-Appellee,
v
No. 192472
Saginaw Circuit Court
LC No. 94-010054-FC
HERMAN JOSEPH GARCIA,
Defendant-Appellant.
Before: D.F. Walsh,* P.J., and R.P. Griffin** and W.P. Cynar,* JJ.
MEMORANDUM.
Pursuant to a plea agreement, defendant pleaded nolo contendere to third-degree criminal
sexual conduct, MCL 750.520d; MSA 28.788(4), and habitual offender, second offense, MCL
769.10; MSA 28.1082. He was sentenced to 5 to 22-1/2 years’ imprisonment, and now appeals as of
right. We affirm. This case has been decided without oral argument pursuant to MCR 7.214(E)(1)(b).
Having pleaded nolo contendere with knowledge of the sentence to be imposed, defendant
cannot challenge the proportionality of his sentence without first moving for plea withdrawal—which he
has not done. People v Cobbs, 443 Mich 276, 285; 505 NW2d 208 (1993).
Affirmed.
/s/ Daniel F. Walsh
/s/ Robert P. Griffin
/s/ Walter P. Cynar
*Former Court of Appeals judges, sitting on the Court of Appeals by assignment pursuant to
Administrative Order 1996-10.
**Former Supreme Court justice, sitting on the Court of Appeals by assignment pursuant to
Administrative Order 1996-10.
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