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STATE OF MICHIGAN
COURT OF APPEALS


PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee v STACEY L. WALLER, a/k/a, STACEY LEE WALLER, Defendant-Appellant

UNPUBLISHED May 16, 1997

No. 186728 Oakland Circuit Court LC No. 94-134639 FH

Before: Corrigan, C.J., and Young and M.J. Talbot*, JJ. MEMORANDUM. This case is being decided without oral argument pursuant to MCR 7.214(E). On this appeal of right, defendant raises only a sentencing issue, citing People v Coles, 417 Mich 523; 339 NW2d 440 (1983). Coles, of course, was overruled and replaced with the proportionality standard in People v Milbourn, 435 Mich 630; 461 NW2d 1 (1990). On the facts of this case, defendant has failed to overcome the presumption that a sentence within the guideline range is proportionate to the offense and the offender. People v Eberhardt , 205 Mich App 587; 518 NW2d 511 (1994). Affirmed. /s/ Maura D. Corrigan /s/ Robert P. Young, Jr. /s/ Michael J. Talbot

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



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