PEOPLE OF MI V MICHAEL LEWIS DOZIERAnnotate this Case
STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
June 12, 1998
LC No. 91-011951
MICHAEL LEWIS DOZIER,
Before: Wahls, P.J., and Jansen and Gage, JJ.
Defendant appeals as of right from his resentencing to a term of 25 to 50 years in prison on a
second degree murder charge, MCL 750.317; MSA 28.549. We affirm. This appeal is being decided
without oral argument pursuant to MCR 7.214(E).
Defendant was initially sentenced to thirty to sixty years’ imprisonment. This Court affirmed
defendant’s conviction, but remanded the matter for resentencing before a different judge, based on an
error in scoring offense variable three. People v Dozier, unpublished opinion per curiam, issued
October 6, 1995 (Docket No. 155738). The Supreme Court modified this Court’s opinion by
eliminating the provision that required resentencing before a different judge. People v Dozier, 451
Mich 897; 549 NW2d 578 (1996).
Defendant argues that he was denied an impartial judge at resentencing based on the trial
court’s comments supporting its initial decision on the guidelines scoring. However, the court stated that
it would abide by this Court’s decision, and it imposed a lesser sentence under the rescored guidelines.
There is no showing that defendant was denied an impartial tribunal. People v Evans, 156 Mich App
68; 401 NW2d 312 (1986). Defendant has failed to show any unusual circumstances which would
make his sentence within the guidelines disproportionate. People v Rivera, 216 Mich App 648; 550
NW2d 593 (1996); People v Sharp, 192 Mich App 501; 481 NW2d 773 (1992).
/s/ Myron H. Wahls
/s/ Kathleen Jansen
/s/ Hilda R. Gage