Preview:

STATE OF MICHIGAN
COURT OF APPEALS


PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v STEVEN A. HOYT, Defendant-Appellant.

UNPUBLISHED January 11, 2000

No. 211616 Oakland Circuit Court LC No. 96-149534 FC

Before Cavanagh, P.J., and Holbrook, Jr., and Kelly, JJ. MEMORANDUM. Defendant pleaded guilty of three counts of first-degree criminal sexual conduct (CSC I), MCL 750.520b(1)(e); MSA 28.788(2)(1)(e), and one count of breaking and entering an occupied dwelling with intent to commit criminal sexual conduct, MCL 750.110; MSA 28.305. He was sentenced to concurrent prison terms of forty-five to seventy years each for the CSC I convictions and ten to fifteen years for the breaking and entering conviction. He appeals as of right. We affirm. Defendant's sole argument is that his CSC I sentences, which exceeded the sentencing guidelines recommended minimum sentence range of 120-300 months, are disproportionate. People v Milbourn, 435 Mich 630, 636; 461 NW2d 1 (1990). We disagree. After reviewing the record, we conclude that "the trial court properly considered the nature of the crime in a way not fully addressed in the guidelines." People v Castillo, 230 Mich App 442, 448; 584 NW2d 606 (1998). We are satisfied that defendant's sentences reflect the nature and severity of the crime, People v Houston, 448 Mich 312, 319; 532 NW2d 508 (1995), and do not constitute an abuse of discretion. Milbourn, supra. Affirmed. /s/ Mark J. Cavanagh /s/ Donald E. Holbrook, Jr. /s/ Michael J. Kelly

-1



Download PEOPLE OF MI V STEVEN A HOYT.pdf

Michigan Law