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PEOPLE v. DELINE

Docket No. 237307.

658 N.W.2d 164 (2002)

254 Mich. App. 595

PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Robert Charles DELINE, Defendant-Appellant.

Court of Appeals of Michigan.

Decided December 27, 2002, at 9:25 a.m.

Released for Publication March 7, 2003.

Attorney(s) appearing for the Case

Jennifer M. Granholm, Attorney General, Thomas L. Casey, Solicitor General, Keith J. Kushion, Prosecuting Attorney, and LuAnn Cheyne Frost, Assistant Attorney General, for the people.

State Appellate Defender (by Jacqueline J. McCann and Valerie R. Newman) for the defendant on appeal.

Before: BANDSTRA, P.J., and MURPHY and GRIFFIN, JJ.

PER CURIAM.

Defendant was convicted by a jury of operating a vehicle while under the influence of intoxicating liquor, third offense, M.C.L. § 257.625(1); and driving while his license was suspended, M.C.L. § 257.904(1). The trial court departed upward from the sentencing guidelines and sentenced defendant to serve forty to sixty months for his operating under the influence conviction. Defendant appeals his sentence as of right. We affirm. This appeal is...

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