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PEOPLE v. BROOKS

Docket No. 151452.

203 Mich. App. 199 (1993)

511 N.W.2d 710

PEOPLE v. BROOKS

Michigan Court of Appeals.

Decided December 29, 1993, at 9:40 A.M.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, John D. O'Hair, Prosecuting Attorney, Timothy A. Baughman, Chief of Research, Training, and Appeals, and Don W. Atkins, Principal Attorney, Appeals, for the people.

Craig A. Daly, for the defendant.

Before: FITZGERALD, P.J., and MICHAEL J. KELLY and W.J. CAPRATHE, JJ.

ON REMAND

MICHAEL J. KELLY, J.

In this case of first impression, we hold that a sentence of eighteen to sixty months for an habitual offender, fourth offense, conviction, is not an abuse of discretion; that a downward departure from a recommended guidelines' minimum for the underlying offenses is within the discretion of the sentencing court; and that there is no obligation to enhance punishment upon conviction of being an habitual offender.

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