PEOPLE OF MI V CARL GREGORY
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
March 8, 2002
Plaintiff-Appellee,
v
No. 229134
Wayne Circuit Court
LC No. 98-009377
CARL GREGORY,
Defendant-Appellant.
Before: Bandstra, P.J., and Murphy and Murray, JJ.
MEMORANDUM.
Defendant appeals as of right his probation violation sentence, based on his underlying
conviction for aggravated stalking, MCL 750.411i. We affirm.
Defendant pleaded guilty to aggravated stalking and habitual offender, fourth offense,
MCL 769.12, and he was sentenced to five years’ probation, with the first year to be served in
jail. The order of probation indicated that defendant was to have no contact with complainant.
Defendant was found guilty of violating probation after complainant testified about multiple
violent contacts initiated by defendant.
The court sentenced defendant to forty to sixty months’ imprisonment, the maximum
possible sentence. The court noted defendant repeatedly violated his probation, and that it feared
defendant and complainant would end up killing each other. Defendant argues that this sentence
is disproportionate.
Sentencing guidelines are not applicable to probation violations. People v Cotton, 209
Mich App 82, 83-84; 530 NW2d 495 (1995). This court will review a sentence to determine
whether it is proportionate to the seriousness of the matter. People v Houston, 448 Mich 312,
319; 532 NW2d 508 (1995). Given complainant’s testimony, there is no question that this matter
was very serious, and defendant posed a high risk of harm. The trial court did not abuse its
discretion in imposing the maximum sentence. People v Merriweather, 447 Mich 799, 806; 527
NW2d 460 (1994).
We affirm.
/s/ Richard A. Bandstra
/s/ William B. Murphy
/s/ Christopher M. Murray
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