PEOPLE OF MI V DASHEA GREENAnnotate this Case
STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
June 12, 1998
LC No. 87-002617
Before: Wahls, P.J., and Jansen and Gage, JJ.
Defendant appeals by leave granted the order denying his motion for relief from judgment. We
affirm. This appeal is being decided without oral argument pursuant to MCR 7.214(E).
Defendant was convicted of second-degree murder, MCL 750.317; MSA 28.549, assault with
intent to murder, MCL 750.83; MSA 28.278, two counts of armed robbery, MCL 750.529; MSA
28.797, and felony-firearm, MCL 750.227b; MSA 28.424(2). He was sentenced to two years’
imprisonment on the felony-firearm charge, and concurrent fifty to 100 year terms on the remaining
charges. This Court affirmed defendant’s convictions in an unpublished, per curiam opinion. (Docket
No. 104984, issued 5/23/90). Defendant did not raise a sentencing issue.
Defendant filed a motion from relief from judgment pursuant to MCR 6.500 et seq., asserting
that his sentences are disproportionate under People v Milbourn, 435 Mich 630; 461 NW2d 1
(1990). However, the Supreme Court gave limited retroactivity to its decision. Milbourn applies only
to: (1) currently pending appeals in which the issue of sentence length has been raised and preserved,
(2) currently pending first appeals in which the appellant’s initial brief has not yet been filed, and (3)
appeals filed after the date of the decision. Id., 670. Defendant’s appeal does not fall within these
Under MCR 6.508(D)(3)(b)(iv), defendant has the burden of establishing that his sentence was
invalid in order to obtain relief. Defendant has presented no argument that his sentence is invalid under
the applicable shock the conscience standard of People v Coles, 417 Mich 523, 550; 339 NW2d 440
(1983). Given the circumstances of defendant’s crime, we do not find that the sentence imposed
shocks the judicial conscience.
/s/ Myron H. Wahls
/s/ Kathleen Jansen
/s/ Hilda R. Gage