Opinion
356712
03-08-2024
People of Michigan v. Bryant Deandrea Harris
LC No. 2019-020156-FH
Michael F. Gadola Presiding Judge Michael J. Kelly Michelle M. Rick Judges
ORDER
On reconsideration pursuant to the November 28, 2023 order of the Michigan Supreme Court, the application for leave to appeal is DENIED for lack of merit in the grounds presented. Defendant has not overcome the presumption of proportionality for his sentence within the sentencing guidelines. People v Posey, 512 Mich. 317, 357 (Bolden, J.), 411 (Welch, J.); N.W.2d (2023); People v Milbourn, 435 Mich. 630, 661; 461 N.W.2d 1 (1990). Particularly, the underlying conviction was for third-offense domestic violence as a fourth-offense habitual offender. Despite that, the trial court initially sentenced defendant to probation, but then defendant violated probation by possessing 16 grams of a mixture of cocaine, heroin, and fentanyl.