PEOPLE OF MI V MICHAEL MERRITT

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STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, UNPUBLISHED December 4, 1998 Plaintiff-Appellee, v No. 202452 Recorder’s Court LC No. 96-006824 MICHAEL MERRITT, Defendant-Appellant. Before: Sawyer, P.J., and Wahls and Hoekstra, JJ. MEMORANDUM. Following a bench trial, defendant was convicted of domestic assault, MCL 750.81(2); MSA 28.276(2), and sentenced to one year’s probation, with the first ninety days to be served in jail. Defendant appeals as of right. We dismiss defendant’s appeal. Defendant’s challenge to the validity of his sentence is moot, defendant having fully served his jail term and his probationary term, both of which commenced on December 11, 1996. People v Rutherford, 208 Mich App 198, 204; 526 NW2d 620 (1994). Dismissed. /s/ David H. Sawyer /s/ Myron H. Wahls /s/ Joel P. Hoekstra -1­