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PEOPLE OF MI V ERIC EUGENE COLEMAN
State: Michigan
Court: Court of Appeals
Docket No: 286017
Case Date: 12/03/2009
Preview:STATE OF MICHIGAN COURT OF APPEALS

PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v ERIC EUGENE COLEMAN, Defendant-Appellant.

UNPUBLISHED December 3, 2009

No. 286017 Wayne Circuit Court LC No. 08-000307-FH

Before: Shapiro, P.J., and Jansen and Beckering, JJ. PER CURIAM. Defendant appeals as of right his jury trial convictions of embezzlement from the Department of Human Services (DHS) by an agent or trustee of more than $20,000, MCL 750.174(5)(a), and five counts of welfare fraud over $500 involving Andre Tucker, Barry Ross, Kelly Crenshaw, Tawanda Jones, and Terrence Motley, MCL 400.60(1)(b).1 The trial court sentenced defendant to two to ten years in prison for the embezzlement conviction and one to four years in prison for each of the welfare fraud convictions. We affirm, but remand for resentencing of defendant's embezzlement conviction. I Defendant's first argument on appeal is that the trial court denied his due process right of confrontation by limiting his cross-examination of Tucker. We disagree. When the trial court sustained the prosecutor's objection to the cross-examination, defense counsel failed to make a Confrontation Clause objection. Therefore, this issue is unpreserved. See People v Bauder, 269 Mich App 174, 178-179; 712 NW2d 506 (2005). Defendant's unpreserved claim of constitutional error is reviewed for plain error affecting his substantial rights. People v McRunels, 237 Mich App 168, 171; 603 NW2d 95 (1999). A defendant's constitutional right to confrontation, US Const, Am VI; Const 1963, art 1,
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