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People v. Abdoush10/20/2005
prejudice necessary to warrant relief from judgment and, therefore, the trial court did not abuse its discretion by denying defendant's motion for relief from judgment. MCR 6.508(D)(3)(b).
IV. SENTENCE
We reject defendant's final claim that he is entitled to resentencing because his fifteen-year minimum sentence is disproportionate.
A. Standard of Review
This Court reviews sentencing decisions for an abuse of discretion. A sentence constitutes an abuse of discretion if it violates the principle of proportionality by being disproportionate to the seriousness of the circumstances surrounding the offense and the offender. People v Milbourn, 435 Mich 630, 636; 461 NW2d 1 (1990).
B. Analysis
Defendant's fifteen-year minimum sentence is within the guidelines recommended range of eight to twenty-five years; thus, it is presumptively proportionate. People v Broden, 428 Mich 343, 354-355; 408 NW2d 789 (1987); People v Eberhardt, 205 Mich App 587, 591; 518 NW2d 511 (1994). Although a sentence within the guidelines range could be disproportionate, Milbourn, supra at 661, defendant has failed to demonstrate any unusual circumstances to overcome the presumption of proportionality. Defendant is not entitled to resentencing.
Affirmed.
Donald S. Owens, E. Thomas Fitzgerald, Bill Schuette.
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