People v. Norwood

303 Mich. App. 466
CourtMichigan Court of Appeals
DecidedOctober 10, 2013
DocketDocket Nos. 310312 and 310424
StatusPublished
Cited by28 cases

This text of 303 Mich. App. 466 (People v. Norwood) 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. Norwood, 303 Mich. App. 466 (Mich. Ct. App. 2013).

Opinion

PER CURIAM.

The prosecution appeals by leave granted the circuit court order affirming the district court’s denial of the prosecution’s motion to bind over defendants on a charge of pandering, MCL 750.455.1 We reverse and remand to the circuit court for reinstatement of the charge against each defendant and for proceedings consistent with this opinion.

On April 8, 2011, an officer with the special operations unit of the Wayne County Sheriffs Office was working as an undercover decoy in the city of Detroit in response to complaints of prostitution. A Lincoln Navigator was driven nearby and the vehicle’s passenger, defendant Nicole Marie Hagar, motioned for the officer to approach the vehicle. The vehicle’s driver, defendant John Julius Norwood, spoke first and asked the officer how old she was. Defendants conversed with the officer [468]*468and exchanged information regarding what they wanted her to do. Specifically, defendant Norwood offered to buy the officer new clothes, new shoes, a new residence, and cosmetic enhancement surgery in exchange for her work as a prostitute. The couple indicated that the officer could earn more money working for Norwood as a prostitute in Florida and that she would leave with defendant Hagar that night. Defendants also represented that defendant Norwood was good to work for and that defendant Hagar earned $1,000 a night. They also stated that the officer could earn extra money by engaging in the production of pornography with defendant Hagar. Defendants were arrested by other sheriffs officers. Following these proofs, the district court denied the prosecution’s motion to bind defendants over on the charge of pandering, MCL 750.455, and the circuit court subsequently affirmed. We granted the prosecution’s applications for leave to appeal.2

A district court’s bindover decision that is contingent on the factual sufficiency of the evidence is reviewed for an abuse of discretion. People v Redden, 290 Mich App 65, 83; 799 NW2d 184 (2010). A circuit court’s review of the bindover decision involves examination of the entire preliminary examination record, and it may not substitute its judgment for that of the lower court. People v Beydoun, 283 Mich App 314, 322; 770 NW2d 54 (2009). However, “[t]his Court reviews de novo the bindover decision to determine whether the district court abused its discretion, giving no deference to the circuit court’s decision.” Redden, 290 Mich App at 83. When the district court decision addresses “whether the alleged [469]*469conduct falls within the scope of a penal statute, the issue presents a question of law that we review de novo.” People v Armisted, 295 Mich App 32, 37; 811 NW2d 47 (2011).

The interpretation and application of a statute presents a question of law that an appellate court reviews de novo. People v Zajaczkowski, 493 Mich 6, 12; 825 NW2d 554 (2012). “[T]he intent of the Legislature governs the interpretation of legislatively enacted statutes.” People v Bylsma, 493 Mich 17, 26; 825 NW2d 543 (2012). The intent of the Legislature is expressed in a statute’s plain language. People v Cole, 491 Mich 325, 330; 817 NW2d 497 (2012). When statutory language is plain and unambiguous, the Legislature’s intent is clearly expressed, and judicial construction is neither permitted nor required. Id. The use of the alternative term “or” indicates a choice between two or more things. Auto-Owners Ins Co v Stenberg Bros, Inc, 227 Mich App 45, 50; 575 NW2d 79 (1997).

In People v Morey, 461 Mich 325, 328; 603 NW2d 250 (1999), our Supreme Court held that the pandering statute delineated eight activities for which a defendant could be charged. The Morey Court quoted MCL 750.455 and inserted numerals to delineate the eight different activities:

“Any person [1] who shall procure a female inmate for a house of prostitution; or [2] who shall induce, persuade, encourage, inveigle or entice a female person to become a prostitute; or [3] who by promises, threats, violence or by any device or scheme, shall cause, induce, persuade, encourage, take, place, harbor, inveigle or entice a female person to become an inmate of a house of prostitution or assignation place, or any place where prostitution is practiced, encouraged or allowed; or [4] any person who shall, by promises, threats, violence or by any device or scheme, cause, induce, persuade, encourage, inveigle or entice an [470]*470inmate of a house of prostitution or place of assignation to remain therein as such inmate; or [5] any person who by promises, threats, violence, by any device or scheme, by fraud or artifice, or by duress of person or goods, or by abuse of any position of confidence or authority, or having legal charge, shall take, place, harbor, inveigle, entice, persuade, encourage or procure any female person to enter any place within this state in which prostitution is practiced, encouraged or allowed, for the purpose of prostitution; or [6] who shall inveigle, entice, persuade, encourage, or procure any female person to come into this state or to leave this state for the purpose of prostitution; or [7] who upon the pretense of marriage takes or detains a female person for the purpose of sexual intercourse; or [8] who shall receive or give or agree to receive or give any money or thing of value for procuring or attempting to procure any female person to become a prostitute or to come into this state or leave this state for the purpose of prostitution, shall be guilty of a felony, punishable by imprisonment in the state prison for not more than 20 years.” [Morey, 461 Mich at 328.]

In Morey, a jury convicted the defendant of pandering, MCL 750.455, and accepting the earnings of a prostitute, MCL 750.457. Morey, 461 Mich at 326. On appeal in the Supreme Court, the Court held that there was insufficient evidence to support the pandering conviction. Id, at 326-327. In Morey, an undercover police officer had called the defendant’s massage service from a motel room. Ultimately, a female arrived and performed massage services, but also negotiated to perform sexual services. After she was arrested, she agreed to cooperate with the police and telephoned the defendant, indicating that the client had requested a second masseuse. A second woman arrived and gave the officer a massage, but also offered to perform sexual services. After the second woman was arrested, she also agreed to cooperate with the police. The police drove the [471]*471women to a restaurant where they provided a portion of their earnings to the defendant, who was then arrested. Id. at 327-328.

The defendant was charged pursuant to the second clause of the pandering statute; it was alleged that he acted to “ ‘induce, persuade, encourage, inveigle or entice a female person to become a prostitute[.]’ ” Id. at 329. The Court of Appeals held that this section of the statute penalized defendants who induce females who had not already engaged in prostitution to engage in prostitution. Id. Our Supreme Court analyzed the phrase “become a prostitute” and concluded that “to become a prostitute” was distinguishable from performing an act of prostitution. Id. at 329-333.

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Cite This Page — Counsel Stack

Bluebook (online)
303 Mich. App. 466, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-norwood-michctapp-2013.