PEOPLE OF MI V ANGEL CRESPOAnnotate this Case
STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
May 19, 1998
Berrien Circuit Court
LC No. 94-002975 FH
Before: Bandstra, P.J., and MacKenzie and N.O. Holowka*, JJ.
Defendant pleaded guilty to possession with intent to deliver less than fifty grams of cocaine,
MCL 333.7401(1) and (2)(a)(iv); MSA 14.15(7401)(1) and (2)(a)(iv), and was sentenced to three to
twenty years’ imprisonment. Defendant appeals as of right. This case is being decided without oral
argument pursuant to MCR 7.214(E).
We dismiss defendant’s appeal as moot. Assuming without deciding that defendant’s scoring
challenge to Offense Variable 8 is meritorious, People v Mitchell, 454 Mich 145, 177; 560 NW2d
600 (1997), we are unable to fashion a remedy because defendant has fully served his minimum
sentence. People v Rutherford, 208 Mich App 198, 204; 526 NW2d 620 (1994); People v
Greenberg, 176 Mich App 296, 302-303; 439 NW2d 336 (1989).
/s/ Richard A. Bandstra
/s/ Barbara B. MacKenzie
/s/ Nick O. Holowka
* Circuit judge, sitting on the Court of Appeals by assignment.