People v. Cline
| Decision Date | 18 June 1991 |
| Docket Number | Docket No. 128945 |
| Citation | 475 N.W.2d 362,190 Mich.App. 1 |
| Parties | PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Chad Michael CLINE, Defendant-Appellant. |
| Court | Court of Appeal of Michigan — District of US |
Frank J. Kelley, Atty. Gen., Gay Secor Hardy, Sol. Gen., G. Michael Hocking, Pros. Atty., and William M. Worden, Asst. Pros. Atty., for the people.
Scodeller, DeLuca & Schober by Henry W. Schober, Lansing, for defendant-appellant.
Before SAWYER, P.J., and MARILYN J. KELLY and NEFF, JJ.
Defendant pled guilty of two counts of delivery of less than fifty grams of cocaine. M.C.L. Sec. 333.7401(2)(a)(iv); M.S.A. Sec. 14.15(7401)(2)(a)(iv). Defendant was sentenced for the convictions to two consecutive terms of five to twenty years in prison. Defendant now appeals and we affirm.
Defendant's sole argument on appeal is that the trial court erred in imposing consecutive sentences rather than concurrent sentences. M.C.L. Sec. 333.7401(3); M.S.A. Sec. 14.15(7401)(3) provides that any term of imprisonment imposed under subsection 2(a) shall be imposed to run consecutively with any term of imprisonment imposed for the commission of "another felony." Defendant argues that that provision is inapplicable to the case at bar because the violations, which were committed on two consecutive days, were charged in the same information and were pled to simultaneously at a single plea proceeding. We disagree. The first delivery constituted a felony and the second delivery constituted another felony. Consequently, the trial court was authorized to impose consecutive sentences under the statute.
Affirmed.
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People v. Morris
...which have found the phrase to unambiguously require consecutive sentencing in various factual scenarios. See, e.g., People v. Cline, 190 Mich.App. 1, 475 N.W.2d 362 (1991) (a consecutive sentence was upheld where the defendant pleaded guilty of two counts of delivery of less than fifty gra......
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...substance offenses under subsection 2(a) shall run consecutively with any prison term imposed for another "felony." People v. Cline, 190 Mich.App. 1, 2, 475 N.W.2d 362 (1991). M.C.L. § 333.7406; M.S.A. § 14.15(7406) designates the knowing and wilful maintenance of a drug house in violation ......
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...act or the violation of any other felony provision. People v. Kent, 194 Mich.App. 206, 486 N.W.2d 110 (1992); People v. Cline, 190 Mich.App. 1, 475 N.W.2d 362 (1991). Defendant was properly sentenced under M.C.L. § 333.7401(3); M.S.A. § 14.15(7401)(3) to consecutive terms for convictions of......