PEOPLE OF MI V BRIAN NOWAK
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
July 7, 2000
Plaintiff-Appellee,
v
No. 219849
Kent Circuit Court
LC No. 98-002780-FH
BRIAN NOWAK,
Defendant-Appellant.
Before: Jansen, P.J., and Hood and Saad, JJ.
PER CURIAM.
Defendant appeals as of right from his conviction of aggravated stalking, MCL 750.411i; MSA
28.643(9), entered after a jury trial. We affirm.
Complainant, defendant’s former wife, testified that after she and defendant separated,
defendant repeatedly contacted her by letter and telephone, and threatened to physically harm her and
her family. The prosecution introduced evidence that a court order had been entered prohibiting
defendant from contacting complainant. The jury convicted defendant as charged. The trial court
sentenced defendant to two to five years in prison, with credit for three days. This sentence was
consecutive to those imposed for unrelated offenses.
Aggravated stalking occurs when a person who has actual knowledge of a restraining order or
injunction engages in a willful pattern of conduct consisting of a series of two or more separate,
noncontinuous acts involving repeated or continuing unconsented contact with another person that
would cause a reasonable person to suffer emotional distress and to feel terrorized, frightened,
intimidated, threatened, or harassed, and that actually makes the victim experience such feelings. MCL
750.411i(2); MSA 28.643(9)(2); People v Kieronski, 214 Mich App 222, 223-224; 542 NW2d 339
(1995).
Defendant argues that the trial court abused its discretion by admitting the no contact order. He
asserts that admission of the evidence violated MRE 404(b). We disagree. Evidence is not subject to
an analysis under MRE 404(b) merely because it discloses a bad act. Evidence of a bad act of the
defendant may be admitted if relevant to a matter at issue other than the propensity of the defendant to
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commit the crime charged. People v Crawford, 458 Mich 376, 390; 582 NW2d 785 (1998). The
prosecution was entitled to introduce the court order to establish that defendant engaged in a willful
pattern of conduct in violation of the order. MCL 750.411i(2)(b); MSA 28.643(9)(2)(b). See also
People v White, 212 Mich App 298, 308; 536 NW2d 876 (1995). No abuse of discretion occurred.
Defendant argues that his sentence is disproportionate to his circumstances and to those of the
offense. We disagree. Contrary to defendant’s assertion, his minimum term of two years was not the
maximum allowed against the statutory maximum term of five years for a conviction of aggravated
stalking. MCL 750.411i(3)(a); MSA 28.643(9)(3)(a); People v Tanner, 387 Mich 683; 199 NW2d
202 (1972). Because the sentencing guidelines did not apply to defendant’s offense, we review the
sentence for an abuse of discretion. People v Compagnari, 233 Mich App 233, 235-236; 590
NW2d 302 (1998). The court imposed the sentence because of defendant’s repeated threats to
physically harm complainant and her family, and defendant’s complete lack of remorse for his actions.
The court did not abuse its discretion.
Affirmed.
/s/ Kathleen Jansen
/s/ Harold Hood
/s/ Henry William Saad
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