People v. Malinowski

The prosecution appeals by leave granted the trial court’s order continuing defendant’s probation after defendant pleaded guilty of violating the terms of his probation by consuming alcohol. Because the trial court did not revoke defendant’s proba*184tion, it was not required to resentence defendant pursuant to the legislative sentencing guidelines and, therefore, we affirm.

In April 2010, defendant pleaded guilty to a charge of assault with intent to rob while armed, MCL 750.89, and in May 2010, he was sentenced to one year in jail and three years’ probation. Defendant’s probation order…