People v. Kimbrough

Michigan Court of Appeals

People v. Kimbrough

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

CourtMichigan Court of Appeals

DecidedSeptember 19, 1978

DocketDocket 77-2862

StatusPublished

Cited by3 cases

This text of 272 N.W.2d 146 (People v. Kimbrough) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Kimbrough, 272 N.W.2d 146, 85 Mich. App. 591, 1978 Mich. App. LEXIS 2439 (Mich. Ct. App. 1978).

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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. [593]*593People 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.

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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. [593]*593People 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.

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Bluebook (online)

272 N.W.2d 146, 85 Mich. App. 591, 1978 Mich. App. LEXIS 2439, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-kimbrough-michctapp-1978.

Opinions

J. H. Gillis, J.

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