PEOPLE OF MI V TAMARA MICHELLE YOUNG

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STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, UNPUBLISHED July 17, 1998 Plaintiff-Appellee, v No. 199122 Macomb Circuit Court LC No. 96-001898 FH TAMARA MICHELLE YOUNG, Defendant-Appellant. Before: Murphy, P.J., and Young, Jr. and Michael R. Smith*, JJ. MEMORANDUM. Following a plea-based conviction for unlawful use of a financial transaction device, MCL 750.157q; MSA 28.354(16), defendant was sentenced to two years’ probation. Defendant appeals as of right. We affirm. Defendant challenges the propriety of the sentence imposed, asserting that the length of the probationary term is unwarranted. Probation is within the province of the sentencing court and appellate courts will not interfere absent a showing of a violation or abuse of statutory authority or a violation of some constitutional right. People v Brown, 220 Mich App 680, 682-683; 560 NW2d 80 (1996); People v Lemon, 80 Mich App 737, 742-743; 265 NW2d 31 (1978). Defendant’s sentence was within the sentencing court’s statutory authority, MCL 771.2(1); MSA 28.1132, and supported by defendant’s criminal history and the court’s desire to ensure that defendant pay restitution. Affirmed. /s/ William B. Murphy /s/ Robert P. Young, Jr. /s/ Michael R. Smith * Circuit judge, sitting on the Court of Appeals by assignment. -1­

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