PEOPLE OF MI V DONALD ALLEN LUCAS
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
June 4, 1999
Plaintiff-Appellee,
v
No. 214347
Ottawa Circuit Court
LC No. 95-018650 FH
DONALD ALLEN LUCAS,
Defendant-Appellant.
Before: Sawyer, P.J., and Murphy and Talbot, JJ.
MEMORANDUM.
Defendant appeals by right from the order of the circuit court revoking his probation for the
underlying offense of assault with intent to commit second-degree criminal sexual conduct, MCL
750.520g(2); MSA 28.788(7)(2), and sentencing him to 1-½ to 5 years in prison. Defendant contends
that there was insufficient evidence to sustain the underlying conviction and that the sentence imposed
for the probation violation is disproportionate. We affirm.
Pursuant to a motion to dismiss under MCR 7.211(C)(2)(a), defendant's appeal of the
underlying conviction was dismissed in a March 5, 1999 order. Because defendant has already served
his minimum sentence, we decline to review the issue of proportionality. See People v Rutherford,
208 Mich App 198, 204; 526 NW2d 620 (1994). “Where a subsequent event renders it impossible
for this Court to fashion a remedy, an issue becomes moot.” Id.
Affirmed.
/s/ David H. Sawyer
/s/ William B. Murphy
/s/ Michael J. Talbot
-1
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