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STATE OF MICHIGAN
COURT OF APPEALS


PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v TANNON MARSHALL MILLER, Defendant-Appellant.

UNPUBLISHED October 4, 1996

No. 184348 LC No. 94-018353-FH

Before: J.H. Gillis, P.J., and G.S. Allen and J.B. Sullivan, JJ.* MEMORANDUM. Defendant pleaded guilty of third-degree criminal sexual conduct, MCL 750.520d(1)(a); MSA 28.788(4)(1)(a), and was sentenced to four to fifteen years' imprisonment. He appeals as of right. We affirm. This case has been decided without oral argument pursuant to MCR 7.214(A). Defendant's sentence, which is within the recommended guidelines' range (albeit at the high end), does not violate the principle of proportionality. People v Milbourn, 435 Mich 630, 636; 461 NW2d 1 (1990); People v Dukes, 189 Mich App 262, 266; 471 NW2d 651 (1991). In light of the serious nature of this offense, defendant has not overcome the presumptive proportionality of the sentence despite his lack of a prior criminal record. People v Mooney, 216 Mich App 367, 379; 549 NW2d 65 (1996), lv pending. Affirmed. /s/ John H. Gillis /s/ Glenn S. Allen, Jr. /s/ Joseph B. Sullivan

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



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