PEOPLE OF MI V JAMES GERARD PEPLINSKI

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STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, UNPUBLISHED February 13, 1998 Plaintiff-Appellee, v No. 197323 Leelanau Circuit Court LC No. 95-000803 FH JAMES GERARD PEPLINSKI, Defendant-Appellant. Before: Markey, P.J., and Doctoroff and Smolenski, JJ. MEMORANDUM. Defendant appeals by right his four to fifteen year sentence, based on his guilty plea, for one count of second-degree criminal sexual conduct, MCL 750.520c; MSA 28.788(3). Defendant contends that his sentence is disproportionate to the offense and the offender. We affirm. Defendant’s sentence is within the guideline range and is therefore presumptively proportionate. People v Eberhardt, 205 Mich App 587, 591; 518 NW2d 511 (1994). Defendant presented no extraordinary circumstances to the sentencing court to overcome this presumption, id., and People v Sharp, 192 Mich App 501, 505-506; 481 NW2d 773 (1992), and the sentence imposed is proportionate to the perversity of the act perpetrated and the offender, People v Lemons, 454 Mich 234, 260; 562 NW2d 447 (1997). Affirmed. /s/ Jane E. Markey /s/ Martin M. Doctoroff /s/ Michael R. Smolenski -1

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