PEOPLE OF MI V RAMON NIGEL BELTRAN
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
June 16, 2000
Plaintiff-Appellee,
v
No. 218491
Jackson Circuit Court
LC No. 98-090137-FH
RAMON NIGEL BELTRAN,
Defendant-Appellant.
Before: Meter, P.J., and Griffin and Talbot, JJ.
MEMORANDUM.
Following a jury trial, defendant was convicted of operating a vehicle while under the influence
of intoxicating liquor (OUIL), MCL 257.625(1); MSA 9.2325(1).1 He was sentenced to thirty days in
jail and to two years’ probation. Defendant appeals as of right. We affirm.
Defendant argues that his sentence for misdemeanor OUIL is disproportionately severe because
he did not have a prior record. We disagree. The evidence established that defendant, an off-duty
police officer, rear-ended a vehicle while driving with a blood alcohol level of 0.19. Two adults and
two children were injured as a result of the impact, which caused the vehicle to swerve into oncoming
traffic and strike a motorcycle. The seriousness of this offense, its effect on the victims, and other
factors cited in the presentence investigation report, justified the imposition of a sentence within the
statutory limits. MCL 257.625(7)(a)(ii); MSA 9.2325(7)(a)(ii) 2 and MCL 771.2(1); MSA
28.1132(1), as amended; see also People v Compagnari, 233 Mich App 233, 236; 590 NW2d 302
(1998) (in fashioning an appropriate sentence, the court may consider the evidence, including other
criminal activities established at trial even though the defendant was acquitted of the charges, and the
effect of the crime on the victim). Accordingly, the sentence is proportionate to the seriousness of the
circumstances surrounding the offense and the offender, and we find no abuse of discretion. People v
Milbourn, 435 Mich 630, 636; 461 NW2d 1 (1990);
1
Defendant was charged with but acquitted of felony OUIL (causing serious impairment of a body
function), MCL 257.625(5); MSA 9.2325(5).
2
Subsection (7) was later amended by 1998 PA 350 and 1999 PA 73.
-1
People v Castillo, 230 Mich App 442, 447; 584 NW2d 606 (1998).
Affirmed.
/s/ Patrick M. Meter
/s/ Richard Allen Griffin
/s/ Michael J. Talbot
-2
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