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PEOPLE OF MI V BARRETT RAY SCHWARZLOSE
State: Michigan
Court: Court of Appeals
Docket No: 298172
Case Date: 08/11/2011
Preview:STATE OF MICHIGAN COURT OF APPEALS

PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v BARRETT RAY SCHWARZLOSE, Defendant-Appellant.

UNPUBLISHED August 11, 2011

No. 298172 Oakland Circuit Court LC No. 09-227243-FH

Before: CAVANAGH, P.J., and WILDER and OWENS, JJ. PER CURIAM. Defendant, Barrett Ray Schwarzlose, was convicted by jury before Oakland Circuit Judge John J. McDonald of, third-degree criminal sexual conduct (force or coercion) (CSC). MCL 750.520d(1)(b). He was sentenced to two to 15 years' imprisonment. We affirm. Defendant first argues that the trial court erred in excluding two different sets of text messages from evidence. We disagree. We review the trial court's decision to admit evidence for an abuse of discretion. People v Jones, 270 Mich App 208, 211; 714 NW2d 362 (2006). An abuse of discretion occurs only when the trial court's decision falls outside the range of "reasonable and principled outcome[s]." People v Babcock, 469 Mich 247, 269; 666 NW2d 231 (2003). Whether admission of evidence constitutes a violation of a defendant's Confrontation Clause rights involves a question of constitutional law that we review de novo. People v Beasley, 239 Mich App 548, 557; 609 NW2d 581 (2000). Prior to trial, defendant filed a motion in limine regarding the admission of two sets of text messages. The trial court denied admission of the text messages, as well as the right to inquire of witnesses regarding the texts. First set of text messages: The first text message at issue was to Kyle Sargent
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