PEOPLE OF MI V WALTER J BRENNERAnnotate this Case
STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
June 16, 1998
Genesee Circuit Court
LC No. 94-050603 FH
WALTER J. BRENNER,
Before: Wahls, P.J., and Jansen and Gage, JJ.
Defendant pleaded guilty to operating a motor vehicle while under the influence of intoxicating
liquor, third offense, MCL 257.625(6); MSA 9.2325(6), and was sentenced to five years’ probation,
with the first year to be served in the county jail. Defendant subsequently pleaded guilty to violating the
terms of his probation and was sentenced to three to five years’ imprisonment. Defendant appeals as of
right. We affirm.
Defendant’s three-year minimum sentence does not violate the principle of proportionality,
particularly in light of defendant’s repeated failure to take advantage of rehabilitative opportunities
offered him, the circumstances surrounding his probation violations and defendant’s engendering of
another OUIL 3rd charge while on probation. People v Williams, 223 Mich App 409, 410-412; 566
NW2d 649 (1997).
/s/ Myron H. Wahls
/s/ Kathleen Jansen
/s/ Hilda R. Gage