PEOPLE OF MI V GENE ANTHONY SUMMERS

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STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, UNPUBLISHED January 24, 2003 Plaintiff-Appellee, v No. 234062 Genesee Circuit Court LC No. 97-000965-FH GENE ANTHONY SUMMERS, Defendant-Appellant. Before: White, P.J., and Kelly and R. S. Gribbs*, JJ. MEMORANDUM. Defendant was convicted by a jury of receiving and concealing stolen property, MCL 750.535(1), and sentenced as a fourth habitual offender, MCL 769.12(1)(a), to six to twenty years in prison. Defendant appealed. This Court affirmed defendant’s conviction but remanded for resentencing before a different judge. People v Gene Anthony Summers, unpublished opinion per curiam of the Court of Appeals, issued 1/5/01 (Docket No. 213399). Defendant was resentenced in March 2001, to 42 to 180 months, with credit for 968 days. Defendant appeals as of right, challenging the sentence as disproportionate. Because defendant has already served his minimum sentence we are unable to fashion a remedy, and his challenge has become moot. See People v Rutherford, 208 Mich App 198, 204; 526 NW2d 620 (1994). Defendant’s appeal is dismissed as moot. /s/ Helene N. White /s/ Kirsten Frank Kelly /s/ Roman S. Gribbs * Former Court of Appeals judge, sitting on the Court of Appeals by assignment. -1-

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