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STATE OF MICHIGAN
COURT OF APPEALS


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

UNPUBLISHED February 28, 1997

No. 182734 Bay Circuit LC No. 88-001367-FH

ERIC ROMALUS MARSHALL, Defendant-Appellant.

Before: D.F. Walsh,* P.J., and R.P. Griffin** and W.P. Cynar,* JJ. MEMORANDUM. Defendant pleaded guilty to unlawfully driving away an automobile, MCL 750.414; MSA 28.646, and was ultimately sentenced to sixteen to twenty-four months' imprisonment. He appeals as of right. We affirm. This case has been decided without oral argument pursuant to MCR 7.214(A). The record reveals that defendant has fully served his minimum sentence. Hence, his challenge to the proportionality of the sentence is moot. People v Rutherford, 208 Mich App 198, 204; 526 NW2d 620 (1994). Affirmed.

/s/ Daniel F. Walsh /s/ Robert P. Griffin /s/ Walter P. Cynar

*Former Court of Appeals judges, sitting on the Court of Appeals by assignment pursuant to
Administrative Order 1996-10.
**Former Supreme Court justice, sitting on the Court of Appeals by assignment pursuant to
Administrative Order 1996-10.
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