People v. Miller

Defendant pleaded guilty of operating a vehicle while under the influence of intoxicating liquor or a controlled substance (ouil), third offense, MCL 257.625(6); MSA 9.2325(6). The circuit court sentenced defendant to the maximum possible term of imprisonment, forty to sixty months, and imposed a fine of $3,500 and costs of $1,500. Defendant now appeals by leave granted. We affirm.

Defendant first argues that the $3,500 fine in addition to the maximum term of imprisonment constitutes a violation of the principle of proportionate punishment set forth in People v Milbourn, 435 Mich 630; 461 NW2d…