PEOPLE OF MI V THOMAS RAY HEAL JR

Annotate this Case
Download PDF
STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, UNPUBLISHED July 14, 1998 Plaintiff-Appellee, v THOMAS RAY HEAL, JR., No. 200970 Genesee Circuit Court LC No. 94-049920 FH Defendant-Appellant. Before: Murphy, P.J., and Young, Jr. and M. R. Smith*, JJ. MEMORANDUM. Defendant pleaded nolo contendere to felonious assault, MCL 750.82; MSA 28.277, and received a sentence of five years’ probation. Defendant subsequently pleaded guilty to violating the terms of his probation and was sentenced to 2-1/2 to 4 years’ imprisonment. Defendant appeals as of right. We affirm. Defendant’s challenge to the proportionality of his sentence has been rendered moot because defendant has fully served his minimum sentence. People v Rutherford, 208 Mich App 198, 204; 526 NW2d 620 (1994). Affirmed. /s/ William B. Murphy /s/ Robert P. Young, Jr. /s/ Michael R. Smith * Circuit judge, sitting on the Court of Appeals by assignment.