J.H. GILLIS, J.
Defendant pled guilty to a charge of violation of probation and was sentenced to a minimum of 28 months and a maximum of 30 months imprisonment. On appeal, he claims this sentence transgressed the limitations set out by the Supreme Court in People v Tanner, 387 Mich. 683; 199 N.W.2d 202 (1972).
The Tanner "two-thirds" rule applies only to sentences under the indeterminate sentencing act. MCL 769.8; MSA 28.1080. By its terms this statute applies to persons "convicted for the first time". Defendant has a prior felony conviction. Therefore, the trial court was not bound by the Tanner rule. People v Makidon, 84 Mich. App. 287; 269 N.W.2d 568 (1978), People v Malchi White, 81 Mich. App. 226; 265 N.W.2d 100 (1978), People v Banks, 73 Mich. App. 492; 252 N.W.2d 501 (1977).
Affirmed.
McGREGOR, J., concurred.
R.M. MAHER, P.J. (dissenting).
I do not agree that the court was not bound by the limitations of People v Tanner, 387 Mich. 683; 199 N.W.2d 202 (1972). Defendant is only a repeat and not an habitual offender. Accordingly, on the authority of People v Redwine, 73 Mich. App. 83; 250 N.W.2d 550 (1976), People v Reginald Harris, 80 Mich. App. 228; 263 N.W.2d 40 (1977), and People v Reese, 83 Mich. App. 186; 268 N.W.2d 340 (1978), the sentence should be modified to a term of 20 months to 30 months, to reflect the mandate of People v Tanner, supra.