PEOPLE OF MI V WAYNE JAY EATONAnnotate this Case
STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
November 6, 1998
Genesee Circuit Court
LC No. 97-000080 FH
WAYNE JAY EATON,
Before: Markman, P.J., and Bandstra and J.F. Kowalski*, JJ.
Defendant appeals as of right his guilty plea based conviction for second degree criminal sexual
conduct, MCL 750.520c; MSA 28.788(3). We affirm. This appeal is being decided without oral
argument pursuant to MCR 7.214(E).
The charge against defendant arose out of the long term sexual abuse of his stepdaughter. In the
plea proceeding, defendant admitted eleven instances of vaginal penetration of complainant. The
presentence report indicated that sexual contact began when complainant was seven years old and
continued until she was fourteen. Defendant had no prior record, and the sentencing guidelines’ range
was twenty-four to sixty months. The trial court sentenced defendant to five to fifteen years’
imprisonment. On appeal, defendant argues that his sentence is disproportionate.
A sentence within the guidelines range is presumptively proportionate. People v Hogan, 225
Mich App 431, 437; 571 NW2d 737 (1997). Defendant has the burden of presenting unusual
circumstances that would overcome the presumption of proportionality. Id.; People v Daniel, 207
Mich App 47, 54; 523 NW2d 830 (1994). Factors cited by defendant, employment and lack of
criminal history, are not unusual circumstances that would overcome the presumption. Daniel, supra.
The trial court did not abuse its discretion in rendering sentence.
* Circuit judge, sitting on the Court of Appeals by assignment.
/s/ Stephen J. Markman
/s/ Richard A. Bandstra
/s/ John F. Kowalski