People v. Gaines

306 Mich. App. 289
CourtMichigan Court of Appeals
DecidedAugust 5, 2014
DocketDocket Nos. 310367, 310368, and 310369
StatusPublished
Cited by358 cases

This text of 306 Mich. App. 289 (People v. Gaines) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Gaines, 306 Mich. App. 289 (Mich. Ct. App. 2014).

Opinion

Wilder, P.J.

Defendant appeals as of right his convictions following a jury trial of three consolidated cases. We consolidated the appeals. In Saginaw Circuit Court Docket No. 10-035017-FH, defendant was convicted of accosting, enticing, or soliciting a child (CP) for immoral purposes, MCL 750.145a, and sentenced to 13 months to 4 years in prison. In Docket No. 10-035018-FH, defendant was convicted of third-[293]*293degree criminal sexual conduct (CSC-III) involving AW, MCL 750.520d(1)(a) (sexual intercourse with a victim 13 to 15 years old), and sentenced to 4 to 15 years in prison. In Docket No. 10-035019-FH, defendant was convicted of three counts of CSC-III involving MM (digital penetration with a victim 13 to 15 years old) and accosting a child (MM) for immoral purposes, and was sentenced to 4 to 15 years in prison for the CSC-III convictions and 13 months to 4 years in prison for the accosting conviction. We affirm defendant’s convictions, vacate the portion of the judgment of sentence ordering restitution, and remand to the trial court for entry of an amended judgment of sentence.

i

The cases against defendant arose out of his interactions with AW, CP, and MM in his senior year of high school (2008-2009) and the year following his graduation, when he was 18 or 19 years old. In defendant’s senior year, he met AW AW testified that she really got to know defendant during the 2009 track season, when she was 15 years old. They both attended a bonfire, which defendant testified was in May 2009. According to AW they left the bonfire, went to defendant’s parents’ house, and had “consensual” sexual intercourse in defendant’s basement bedroom. Defendant claimed they only “made out.”

MM met defendant in October 2009 after defendant had graduated. MM was 13 or 14 years old. MM testified that she and defendant exchanged text messages and that, at first, their text messages were not personal. MM testified that in November or December 2009, defendant asked for photographs of MM and that, later, defendant asked for photographs with her clothes off. MM explained that she first sent photographs of her buttocks and [294]*294stomach, but when defendant asked for photographs of her breasts and vagina, she sent them.1

The record demonstrated that MM also visited defendant’s parents’ house on several occasions. MM testified that, in May 2010, defendant “fingered” MM in his basement by putting his finger in her vagina for three to five minutes. About a week later, MM asked defendant to hang out. He picked up MM and her friend, Sarah Cramer. MM testified that defendant digitally penetrated her when Cramer went to the bedroom to talk on the phone. Although Cramer came out of the bedroom while defendant was digitally penetrating her, MM testified that she did not think Cramer knew what was happening because defendant’s back was to Cramer and the lights and television were off.2 MM testified that she told Cramer what defendant did to her after they got home. Although Cramer told the police that MM had said “nothing happened,” Cramer testified at trial that she was afraid of getting in trouble and that MM had actually said that defendant “fingered” her. MM testified that, around June 10, 2010, she visited defendant’s parents’ house again and he digitally penetrated her on his bed. Defendant offered contrary testimony from his friend, who testified that he was present during this visit and never left MM and defendant alone.

Although he never tried to have sexual intercourse with MM, defendant texted MM, “I wanna f*** you if you weren’t so young.” According to MM, defendant also told her not to tell others about their relationship because he knew their age difference was “illegal.”

[295]*295Defendant met and started texting CP in the spring of 2010 when she was 14 years old3 and on the track team. Defendant had graduated, but was practicing at the high school track to prepare for college track tryouts. At the same time, he helped some students, including Cl] on the track team. CP testified that defendant asked for naked photographs,4 which she sent from about May 2010 to July 2010. CP testified that, if she refused to send photographs, defendant would threaten not to talk to her or help her with track. CP also testified that defendant told her not to tell anyone what was happening.

In the summer of 2010, MM’s father discovered her communications with defendant and contacted the police. In August 2010, Detective Jason Wise interviewed defendant. Detective Wise testified that defendant initially denied that MM had sent him naked photographs, but after the detective showed him the photographs on a computer, defendant admitted that she had sent him photographs of her buttocks, lower body, and breasts. Detective Wise testified that defendant also admitted that he used his finger to penetrate MM’s vagina on at least two occasions.

Throughout trial, defendant testified that he did not have sexual intercourse with any of the victims. Contrary to Detective Wise’s testimony, defendant specifically denied penetrating MM with his finger. Defendant testified that he only told MM to send him photographs that she had already sent to at least two other boys. Similarly, defendant testified that CP had originally suggested sending him pictures and that he had merely persisted in asking for them afterward.

[296]*296II

Defendant first challenges the sufficiency of the evidence to support his conviction of CSC-III with regard to AW Defendant further claims this conviction was against the great weight of the evidence and the trial court abused its discretion when it denied his motion for a new trial. We disagree.

A challenge to the sufficiency of the evidence in a jury trial is reviewed de novo, viewing the evidence in the light most favorable to the prosecution, to determine whether the trier of fact could have found that the essential elements of the crime were proved beyond a reasonable doubt. People v Harverson, 291 Mich App 171, 175; 804 NW2d 757 (2010). The trial court’s decision regarding defendant’s motion for a new trial is reviewed for an abuse of discretion. People v Lemmon, 456 Mich 625, 642, 644; 576 NW2d 129 (1998).

In challenging his conviction of CSC-III with regard to AW, defendant only alleges that the prosecutor failed to prove that AW was under 16 years of age for purposes of MCL 750.520d(1)(a)5 when she and defendant had sexual intercourse. The prosecutor established that AW met defendant when she was a freshman and he was a senior. AW further testified that she encountered defendant at a bonfire, which they left to go to defendant’s parents’ house, where they had sexual intercourse in his basement bedroom. We agree with defendant that AW did not testify when the bonfire occurred. But defendant testified that the bonfire occurred in May 2009. Given evidence in the record that AW was born in December 1993, a reasonable trier of fact could con-[297]*297elude that AW was 15 years old at the time of the May 2009 bonfire, when she had sexual intercourse with defendant.

The trial court denied defendant’s motion for a new trial, holding that the great weight of the evidence supported a finding that AW was 15 years old at the time of the offense.

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Cite This Page — Counsel Stack

Bluebook (online)
306 Mich. App. 289, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-gaines-michctapp-2014.