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STATE OF MICHIGAN
COURT OF APPEALS


PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v SEAN W. ADAMS, Defendant-Appellant.

UNPUBLISHED February 15, 2005

No. 251261 Wayne Circuit Court LC No. 99-007884-01

Before: Talbot, P.J., Whitbeck, C.J., and Jansen, J. MEMORANDUM. Defendant appeals as of right his sentence of twenty-four to forty years in prison for second-degree murder, MCL 750.317, imposed on resentencing. We affirm. This appeal is being decided without oral argument pursuant to MCR 7.214(E). Defendant was convicted by a jury of second-degree murder and possession of a firearm during the commission of a felony, second offense, MCL 750.227b. In People v Adams, unpublished opinion per curiam of the Court of Appeals, issued December 17, 2002 (Docket No. 228034), another panel of this Court affirmed defendant's convictions but remanded for resentencing on the second-degree murder conviction on the ground that the sentence of thirtyfive years to life was invalid. MCL 769.9(2). On remand, the statutory sentencing guidelines established a minimum term range of 225 to 375 months for the second-degree murder conviction. The trial court sentenced defendant to twenty-four years (288 months) to forty years for second-degree murder, to be served consecutively to the five-year term for felony-firearm, second offense. Defendant received credit for 1,236 days served in jail. We review a constitutional question de novo. People v Pitts, 222 Mich App 260, 263; 564 NW2d 93 (1997). If a minimum sentence is within the established statutory sentencing guidelines range, we must affirm the sentence and may not remand for resentencing absent an error in the scoring of the guidelines or the use of inaccurate information by the trial court in fashioning the sentence. MCL 769.34(10).

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We affirm defendant's sentence. MCL 769.34(10) does not violate the constitutional separation of powers. Const 1963, art 3,

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