People v. Terry

Defendant appeals as of right from his conviction following a bench trial of assault of a prison employee, MCL 750.197c; MSA 28.394(3). Defendant was also found guilty of being a second-offense habitual offender pursuant to MCL 769.10; MSA 28.1082. He was sentenced to imprisonment for a term of three to six years. On appeal, defendant claims that his actions did not fall under the conduct prohibited by the statute. He also argues that his sentence was disproportionate. We affirm.

On November 2, 1993, the Michigan Department of Corrections held a major misconduct hearing with regard to a prior…