People v. Stewart

500 N.W.2d 756, 199 Mich. App. 199

Opinions

Michael J. Kelly, J.

Defendant was convicted by a jury of third-degree criminal sexual conduct, MCL 750.520d; MSA 28.788(4), and was sentenced thereafter to five to fifteen years’ imprisonment. He now appeals as of right. We affirm.

The trial court did not abuse its discretion when it denied defendant’s motion for a mistrial. People v Gonzales, 193 Mich App 263, 265-267; 483 NW2d 458 (1992). Defendant was offered the opportunity to have any error arising out of the testimony of the arresting officer cured by an instruction to the jury. Defendant did not take advantage of this offer. Further, any error that occurred when the officer made an innocuous reference to another criminal act was not so prejudicial as to deny defendant a fair trial or to amount to a miscarriage of justice.

Affirmed.

Wahls, P.J., concurred.