People v. Brooks

In this case of first impression, we hold that a sentence of eighteen to sixty months for an habitual offender, fourth offense, conviction, is not an abuse of discretion; that a downward departure from a recommended guidelines’ minimum for the underlying offenses is within the discretion of the sentencing court; and that there is no obligation to enhance punishment upon conviction of being an habitual offender.

On May 21, 1991, defendant pleaded guilty of being an habitual offender, fourth offense, and, on June 6, 1991, was sentenced to eighteen to sixty months in prison. The judgment of…