People v. Whitney

Pursuant to a plea bargain, defendant pleaded no contest of attempted embezzle*436ment1 in exchange for the prosecutor dismissing charges of embezzlement over $100 and making a false police report2 and a supplemental information for habitual offender, second offense.3 He was sentenced to a prison term of two to five years and appeals this sentence as of right. We affirm.

The sole issue presented for our consideration pertains to the scoring of Prior Record Variable 1 (prv-1). Defendant was given a score of fifty points for this prv (two or more high severity felony convictions) on the basis of his…