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People v. McKeller6/17/2003
kely that that officer would have wanted a statement that actually corroborated the victim's story. Accordingly, we are not persuaded that the trial court clearly erred in resolving the credibility question in the interrogating officer's favor. People v Attebury, 463 Mich 662, 668; 624 NW2d 912 (2001). Consequently, we reject defendant's contention that the trial court erred in denying his pretrial motion to suppress the written statement. Id.
Defendant also contends that his sentences were unconstitutional as "cruel and unusual" punishments, US Const Amend VIII, or "cruel or unusual" punishments, Const 1963, art 1, ยง 16. Specifically, defendant contends that the trial court did not consider his "rehabilitative potential." However, in light of defendant's criminal history and multiple parole violations, we are not persuaded that defendant's sentence was cruel or unusual. People v Poole, 218 Mich App 702, 715; 555 NW2d 485 (1996); see also People v Nunez, 242 Mich App 610, 618 n 2; 619 NW2d 550 (2000) (recognizing that a punishment that "passes muster" under our state constitution necessarily passes muster under the federal constitution).
Moreover, we note that defendant was sentenced within the appropriate Legislative sentencing guideline range. Thus, because defendant is not contending there was a scoring error or that inaccurate information was relied on in determining his sentence, we must affirm the trial court's sentence. MCL 769.34(10). Finally, the trial court did not sentence defendant to a longer term than that provided by the appropriate sentencing guidelines range; accordingly, MCL 769.34(7) did not mandate that the trial court provide an "advice-of-rights" instruction. Consequently, we reject defendant's challenges to his sentences.
Affirmed.
Donald S. Owens
Richard A. Bandstra
Christopher M. Murray
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