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STATE OF MICHIGAN
COURT OF APPEALS


PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v BRIAN SCOTT FOSTER, Defendant-Appellant.

UNPUBLISHED November 10, 2005

No. 254860 Clinton Circuit Court LC No. 03-007451-FC

Before: Gage, P.J., and Hoekstra and Murray, JJ. PER CURIAM. Defendant appeals as of right his jury conviction of first-degree criminal sexual conduct with a person under thirteen, MCL 750.520b(1)(a), for which the trial court sentenced defendant to serve a term of 15 to 50 years' imprisonment. We affirm. This appeal is being heard without oral argument pursuant to MCR 7.214(E). Defendant argues that his trial counsel was ineffective because he failed to cross-examine the prosecution's witnesses in a meaningful and confrontational manner, which evidenced that he had not prepared for trial. Defendant also claims that his trial counsel was ineffective because he failed to present a competent closing argument which, again, evidenced that he was unprepared. We disagree on both grounds. Although defendant moved for a new trial or evidentiary hearing, the trial court denied the motion. Therefore, our review is limited to mistakes apparent on the record. People v Riley (After Remand), 468 Mich 135, 139; 659 NW2d 611 (2003). A defendant's fundamental right to counsel has long been recognized as the right to effective assistance of counsel. US Const, Am VI; Const 1963, art 1,

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