Preview:

STATE OF MICHIGAN COURT OF APPEALS

PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee,
V

UNPUBLISHED December 15, 2009

JEFFERY TODD ENO, Defendant-Appellant.

No. 286216 Iosco Circuit Court LC No. 08-004017-FH

Before: Gleicher, P.J., and Fitzgerald and Wilder, JJ. PER CURIAM. A jury convicted defendant, of operating a motor vehicle while under the influence of a controlled substance, third offense, MCL 257.625(1) and (9)(c), and driving on a suspended operator's license, second offense, MCL 257.904(1) and (3)(b). The trial court sentenced defendant to serve concurrent terms of imprisonment of 16 to 60 months for the operating under the influence conviction, and one year for the operating without a license conviction. Defendant appeals as of right. We affirm. This appeal has been decided without oral argument pursuant to MCR 7.214(E). The prosecutor presented evidence that early in the morning of December 1, 2007, police officers observed defendant driving erratically, initiated a traffic stop, and detected signs of alcohol intoxication. Defendant refused to cooperate with field sobriety tests, and so the police obtained a warrant to have his blood drawn. The blood tested at an alcohol level of 0.25 percent.1 On appeal, defendant argues that the prosecuting attorney violated his due process rights by withholding certain evidence until just before trial began, and alternatively that defense counsel's performance was deficient. I. Due Process

1

0.25 percent is well over the statutorily proscribed "0.08 grams or more per 100 milliliters of blood . . . ." MCL 257.625(1)(b).

-1-

A citizen's right to due process of law when facing adverse action at the hands of the state is guaranteed under both the federal and state constitutions. US Const, Am XIV,

Download PEOPLE OF MI V JEFFERY TODD ENO.pdf

Michigan Law