PEOPLE OF MI V THOMAS M MATTHEWSAnnotate this Case
STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
November 6, 1998
LC No. 96-001938
THOMAS M. MATTHEWS,
Before: Markman, P.J., and Bandstra and J.F. Kowalski*, JJ.
Defendant appeals as of right his third offense habitual offender sentence, entered after a jury
found him guilty of breaking and entering, MCL 750.110; MSA 28.305. We affirm.
The sentencing guidelines do not apply to habitual offenders, and it is inappropriate to use them
when reviewing defendant’s sentence. People v Cervantes, 448 Mich 620, 625-626 (Riley, J.), 630
(Cavanagh, J.); 532 NW2d 831 (1995); People v McFall, 224 Mich App 403, 415; 569 NW2d 828
(1997). Nonetheless, the principle of proportionality announced in People v Milbourn, 435 Mich 630;
461 NW2d 1 (1990), applies. McFall, supra. This Court will review an habitual offender sentence for
an abuse of discretion. People v Hansford (After Remand), 454 Mich 320, 323-324; 562 NW2d
There is no showing that the trial court abused its discretion in sentencing defendant. The court
noted defendant’s extensive record, and his inability to reform. Given defendant’s record, a five to
twenty year sentence is not disproportionate, and the trial court did not abuse its discretion. Id.
/s/ Stephen J. Markman
/s/ Richard A. Bandstra
/s/ John F. Kowalski
* Circuit judge, sitting on the Court of Appeals by assignment.