People v. Kimbrough

272 N.W.2d 146, 85 Mich. App. 591, 1978 Mich. App. LEXIS 2439

Opinions

J. H. Gillis, J.

Defendant pled guilty to a charge of violation of probation and was sentenced to a minimum of 28 months and a maximum of 30 months imprisonment. On appeal, he claims this sentence transgressed the limitations set out by the Supreme Court in People v Tanner, 387 Mich 683; 199 NW2d 202 (1972).

The Tanner "two-thirds” rule applies only to sentences under the indeterminate sentencing act. MCL 769.8; MSA 28.1080. By its terms this statute applies to persons "convicted for the first time”. Defendant has a prior felony conviction. Therefore, the trial court was not bound by the Tanner rule. People v Makidon, 84 Mich App 287; 269 NW2d 568 (1978), People v Malchi White, 81 Mich App 226; 265 NW2d 100 (1978), People v Banks, 73 Mich App 492; 252 NW2d 501 (1977).

Affirmed.

McGregor, J., concurred.