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STATE OF MICHIGAN
COURT OF APPEALS


PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v DANIEL ELI LUDWICK, Defendant-Appellant.

UNPUBLISHED May 13, 1997

No. 195267 Manistee Circuit Court LC No. 95-2483 FH

Before: Corrigan, C.J., and Young and M.J. Talbot*, JJ. MEMORANDUM. Defendant's sentence does not violate the principle of proportionality. People v Hardy, 212 Mich App 318; 537 NW2d 267 (1995); People v Smith, 195 Mich App 147; 489 NW2d 135 (1992). The sentence guidelines do not apply in the probation violation context, and any use of the guidelines in such circumstances would constitute a misapplication of a tool neither designed with probation violation in mind nor based on data which include probation violation sentences. People v Edgett, 220 Mich App 686; ___ NW2d ___ (1996). Affirmed.

/s/ Maura D. Corrigan /s/ Robert P. Young, Jr. /s/ Michael J. Talbot

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



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