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STATE OF MICHIGAN
COURT OF APPEALS


PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v

UNPUBLISHED April 25, 1997

No. 190161 Macomb Circuit LC No. 94-002349

DAVID MAURICE HANEY, Defendant-Appellant.

Before: Wahls, P.J., and Gage and W.J. Nykamp,* JJ. PER CURIAM. Defendant appeals as of right from his jury trial conviction of armed robbery, MCL 750.529; MSA 28.797. Defendant was sentenced as an habitual offender, fourth offense, MCL 769.12; MSA 28.1084, to twelve to twenty years' imprisonment. We affirm. Defendant first argues that he was effectively denied his right of appeal because several pages of the transcript indicate that the testifying witness's voice was inaudible. We disagree. We find this issue unpreserved because defendant did not attempt to settle the record below, but we will review the issue for plain error because it involves defendant's right of appeal guaranteed by our state constitution. Const 1963, art 1,

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