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PEOPLE OF MI V RODERICK CLINTON ANDERSON
State: Michigan
Court: Court of Appeals
Docket No: 184546
Case Date: 10/01/1996
Preview:STATE OF MICHIGAN
COURT OF APPEALS


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

UNPUBLISHED October 1, 1996

No. 184546 LC Nos. 94-010428; 94-010429

RODERICK CLINTON ANDERSON, a/k/a RODRICK CLINTON ANDERSON, Defendant-Appellant.

Before: J.H. Gillis, P.J., and G.S. Allen and J.B. Sullivan, JJ.* MEMORANDUM. In each of two cases, defendant pleaded guilty to armed robbery, MCL 750.529; MSA 28.797, and habitual offender, second offense, MCL 769.10; MSA 28.1082. He was sentenced to concurrent terms of eight to fifteen years' imprisonment, and now appeals as of right. We affirm. This case has been decided without oral argument pursuant to MCR 7.214(A). The trial court did not err in denying defendant's motion for resentencing. The trial court clearly informed defendant at the plea hearing that its preliminary evaluation under People v Cobbs, 443 Mich 276; 505 NW2d 208 (1993), of not more than ten years pertained to the minimum terms for the sentences. We do not agree with defendant's assertion that the record is unclear as to whether the Cobbs evaluation pertained to the minimum or maximum terms of the sentences. Because the minimum sentences imposed by the trial court did not exceed the preliminary evaluation, we also reject defendant's claim that the sentences are disproportionate under People v Milbourn, 435 Mich 630; 461 NW2d 1 (1990). See Cobbs, supra, p 285. Affirmed.

*Former Court of Appeals judges, sitting on the Court of Appeals by assignment pursuant to Administrative Order 1996-3. -1

/s/ John H. Gillis /s/ Glenn S. Allen, Jr. /s/ Joseph B. Sullivan

-2

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