State of Michigan v RAUL E. RAMIREZ, JR.
No. 198910
Michigan Court of Appeals
February 20, 1998, Decided
Unpublished
Prior case history: Midland Circuit Court. LC No. 92-006715 FH.
Before: Michael J. Kelly, PJ., and Fitzgerald and M.G. Harrison *, JJ.
* Circuit judge, sitting on the Court of Appeals by assignment.
OPINION
MEMORANDUM.
Defendant appeals by right his sentence of three to five years' imprisonment, following his guilty plea to probation violation based on an underlying offense of OUIL, third offense, MCL 257.625(6)(d); MSA 9.2325(6)(d). The probation violation consisted of domestic assault and consumption of alcohol occurring on February 5, 1996, consumption of alcohol, driving an automobile on a public highway, and OUIL and driving with a suspended license, all occurring on July 20, 1996. We affirm.
Defendant contends that his three to five year sentence is disproportionate to the offense and to the offender. As a probation violator, defendant's sentence is subject to review only for abuse of the trial court's sentencing discretion. People v Williams, 223 Mich App 409; 566 NW2d 649 (1997). Given the nature of the offense, the separate and sequential violations of probation involving alcohol, and defendant's defiance of the law by driving drunk and with a suspended license, in addition to his assaultive behavior, no abuse of the trial court's sentencing discretion has been demonstrated on this record.
Affirmed.
/s/ Michael J. Kelly
/s/ E. Thomas Fitzgerald
/s/ Michael G. Harrison
