People v. Guevara , 159 Mich. App. 542 ( 1987 )

M. R. Knoblock, J.

Pursuant to a plea bargain, defendant pled nolo contendere to four counts of armed robbery, MCL 750.529; MSA 28.797. He was sentenced to concurrent prison terms of from twenty-five to seventy-five years on each count and appeals as of right, raising two issues.

Defendant first claims that the sentencing judge abused his discretion in sentencing him to a minimum term which exceeds the range specified by the sentencing guidelines and in failing to state reasons for this departure on the record. We find this claim to be without merit.

In accordance with the plea bargain agreement, in exchange for defendant’s nolo contendere plea, the prosecutor did not proceed on a companion felony-firearm charge and recommended to the court that the minimum sentence not exceed twenty-five years. The sentencing guidelines specified a minimum range of five to eight years. At sentencing the trial judge acknowledged that he was exceeding the guidelines range:

I notice the sentencing guide line report is five year to eight years — sixty months to ninety-six months, and whoever wrote that up set that — set the guides to determine that as the guide line sentencing range is just not acquainted with reality. Apparently they think robbery is some sort of a game that’s played.

To discipline the defendant in as much as he’s not been inclined to impose self-discipline, and as a deterrent to discourage others from committing this type of offense, and to punish the defendant for committing a crime, and to provide an environment in which the defendant may obtain or enhance vocational skills, and to place the defendant in an environment where controlled substances will not be available, we hope, and to protect society from his criminal tendencies, the following sentence is imposed. The court noting that this type crime is too prevalent in this community, and also noting that the very light supervision afforded by probation is deemed insufficient to control his tendencies toward antisocial behavior. In each of these — for each of these convictions the defendant is sentenced to serve the following in the state prison: not less than twenty-five years nor more than seventy-five years. These sentences shall be served concurrently, and against each the defendant shall be credited with the number of days he was incarcerated prior to today ....

Clearly, the sentencing judge was of the opinion that the sentencing guidelines range was too low and, in fact, appeared to be offended by its leniency. Considering the fact that defendant was convicted of four separate counts of armed robbery, all of which provide for maximum possible sentences of life imprisonment, and considering his prior record as disclosed by the presentence report, including a 1977 conviction for murder, we cannot quarrel with this conclusion. It is not error for the sentencing court to depart from the guidelines if the court is of the opinion that a minimum sentence within the guideline range is inappropriate, provided the court states adequate reasons for the departure on the record. People v Fleming, 142 Mich App 119; 369 NW2d 499 (1985);¹ Sentencing Guidelines, Departure Policy, Ch 27, ¶ 3. We find the trial court’s statement that the guideline range was too low, combined with its articulation of reasons for the sentence imposed, to be a minimally sufficient explanation of why, in the trial court’s opinion, justice required a sentence outside the guideline sentence range.

Finally, considering the gravity of the four offenses of which defendant was convicted, his prior violent and assaultive record, and that the prosecutor’s recommendation pursuant to the plea agreement was not exceeded, we find defendant’s claim that the sentence imposed shocks the conscience to be without merit.

Affirmed.

Shepherd, J., concurred.

1 Cf. People v Good, 141 Mich App 351; 367 NW2d 863 (1985).