PEOPLE OF MI V RAUL E RAMIREZ JR

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STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, UNPUBLISHED February 20, 1998 Plaintiff-Appellee, v No. 198910 Midland Circuit Court LC No. 92-006715 FH RAUL E. RAMIREZ, JR., Defendant-Appellant. Before: Michael J. Kelly, PJ., and Fitzgerald and M.G. Harrison*, JJ. MEMORANDUM. Defendant appeals by right his sentence of three to five years’ imprisonment, following his guilty plea to probation violation based on an underlying offense of OUIL, third offense, MCL 257.625(6)(d); MSA 9.2325(6)(d). The probation violation consisted of domestic assault and consumption of alcohol occurring on February 5, 1996, consumption of alcohol, driving an automobile on a public highway, and OUIL and driving with a suspended license, all occurring on July 20, 1996. We affirm. Defendant contends that his three to five year sentence is disproportionate to the offense and to the offender. As a probation violator, defendant’s sentence is subject to review only for abuse of the trial court’s sentencing discretion. People v Williams, 223 Mich App 409; 566 NW2d 649 (1997). Given the nature of the offense, the separate and sequential violations of probation involving alcohol, and defendant’s defiance of the law by driving drunk and with a suspended license, in addition to his assaultive behavior, no abuse of the trial court’s sentencing discretion has been demonstrated on this record. Affirmed. /s/ Michael J. Kelly /s/ E. Thomas Fitzgerald /s/ Michael G. Harrison * Circuit judge, sitting on the Court of Appeals by assignment. -1

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