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PEOPLE OF MI V JOHN MARSHALL RESOR
State: Michigan
Court: Court of Appeals
Docket No: 292290
Case Date: 07/15/2010
Preview:STATE OF MICHIGAN COURT OF APPEALS

PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v JOHN MARSHALL RESOR, Defendant-Appellant.

UNPUBLISHED July 15, 2010

No. 292290 Jackson Circuit Court LC No. 08-004925-FH

Before: TALBOT, P.J., and FITZGERALD and DAVIS, JJ. PER CURIAM. A jury convicted defendant of manslaughter with a motor vehicle, MCL 750.321, and reckless driving, MCL 257.626. The trial court sentenced defendant to concurrent prison terms of 57 to 180 months for the vehicular manslaughter conviction and 93 days for the reckless driving conviction. Defendant appeals as of right. We affirm. Defendant argues that the trial court erred when it admitted expert testimony regarding the speed at which defendant's vehicle was traveling at the time of impact with the car in which the victim was a passenger. Defendant specifically contends that, in determining the admissibility of Michigan State Police traffic crash reconstructionist Sgt. Avery's testimony, the trial court failed to consider all of the factors required under MRE 702. This issue was waived, considering that defense counsel stipulated to Sgt. Avery's qualifications to testify as an expert. People v Carter, 462 Mich 206, 215, 219; 612 NW2d 144 (2000); People v Aldrich, 246 Mich App 101, 111; 631 NW2d 67 (2001). Defense counsel also expressly stated that he had no objection to the admission of plaintiff's exhibits 8 and 9, which contained Sgt. Avery's expert opinion regarding the speed at which the vehicles were traveling
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