People v. Thomason

367 N.W.2d 364, 141 Mich. App. 578

• Court: Michigan Court of Appeals
• Decided: February 12, 1985
• Docket: Docket 77097
• Status: Published

Opinions

Per Curiam.

Defendant pled guilty to armed robbery, MCL 750.529; MSA 28.797, on December 23, 1983. Defendant was sentenced to from 84 months to 168 months in prison. Defendant appeals from his sentence to this Court as of right.

Defendant was convicted after the Michigan Supreme Court’s decision in People v Coles, 417 Mich 523; 339 NW2d 440 (1983). His sentence is therefore reviewable by this Court. Coles, supra, p 551.

At sentencing, the trial court used the Michigan Sentencing Guidelines even though their use did not become mandatory until March 1, 1984. See, Administrative Order No 1984-1, 418 Mich xxiv (1984). After some discussion about the proper point total to be used in applying the guidelines, the trial court sentenced defendant. The trial court articulated the reasons for the sentence it was imposing on the record. Defendant now contends that the trial court abused its discretion by assigning the wrong number of points for Offense Variable 2 under the robbery heading. While we can see from the record that there was a difference of opinion between defense counsel and the court about the proper number of points to be assigned, we decline to pass on that question. The only issue before us is the question of whether the trial court abused its discretion in fashioning defendant’s sentence. We note that the trial court stated on the record the reasons for the sentence imposed. We cannot say that under the circumstances of this case the conscience of the reviewing Court is shocked. Defendant’s sentence is affirmed.

Affirmed.