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STATE OF MICHIGAN
COURT OF APPEALS


PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v GEORGE WILLIAM HAYDEN, Defendant-Appellant.

UNPUBLISHED December 19, 1997

No. 196744 Jackson Circuit Court LC No. 96-074628 FH

Before: O'Connell, P.J., and White and C. F. Youngblood*, JJ. MEMORANDUM. Defendant appeals by right his jury conviction of first-degree criminal sexual conduct, MCL 750.520b; MSA 28.788(2), involving his nine-year-old daughter, and adjudication as a third offender, MCL 769.11; 28.1083, resulting in an enhanced sentence of twenty to forty years' imprisonment. This case is being decided without oral argument pursuant to MCR 7.214(E). The sole issue raised on appeal is a contention by defendant that his sentence represents an abuse of the trial court's sentencing discretion. Habitual offender sentences are reviewed according to that standard. People v Hansford (After Remand), 454 Mich 320; 562 NW2d 460 (1997). As this is defendant's second conviction of a capital crime (his first being conviction for armed robbery), and the present offense, according to the trial evidence, was merely one in a series of sexual predations against the child that extended over a period of four or five years, the sentence imposed is certainly not excessively severe and does not represent, an abuse of the trial court's sentencing discretion. People v Lemons, 454 Mich 234; 562 NW2d 447 (1997). Affirmed. /s/ Peter D. O'Connell /s/ Helene N. White /s/ Carole F. Youngblood

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

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