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STATE OF MICHIGAN
COURT OF APPEALS


PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v CHRISTIE CLORE, Defendant-Appellant.

UNPUBLISHED January 16, 2001

No. 228439 Oakland Circuit Court LC No. 00-171319-FH

Before: Markey, P.J., and Whitbeck and J. L. Martlew*, JJ. PER CURIAM. Defendant Christie Clore appeals as of right from her sentence of one to twenty years in prison with 113 days' credit for her conviction of arson of a dwelling house,1 imposed after a jury trial. We affirm. We decide this appeal without oral argument pursuant to MCR 7.214(E). I. Basic Facts And Procedural History Clore, who was born in December 1985, was charged with arson of a dwelling house. The prosecution against her was automatically waived to circuit court,2 where she was found guilty as charged. The trial court was required to impose an adult sentence.3 At sentencing, defense counsel noted that the Department of Corrections (DOC) had no separate facility for female inmates under age sixteen. Therefore, defense counsel asked the trial court to place Clore on electronic tether in lieu of incarceration. The trial court expressed dismay at the prospect of sentencing a fourteen-year-old female to an adult prison. Nevertheless, the trial court concluded that the crime she committed was "vicious," "dastardly," "mean-spirited," that it had devastating financial effects, and that it left two people homeless.

1 2 3

MCL 750.72; MSA 28.267.
MCL 600.606; MSA 27A.606; MCL 764.1f(2)(a); MSA 28.860(6)(2)(a).
MCL 769.1(1)(a); MSA 28.1072(1)(a).


* Circuit judge, sitting on the Court of Appeals by assignment. -1-

II. Arguments On Appeal And Standard Of Review Clore first contends that sentencing her to an adult prison constitutes cruel or unusual punishment, violating Const 1963, art 1,

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