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STATE OF MICHIGAN COURT OF APPEALS

PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v KEVIN DELANDO TURNER, Defendant-Appellant.

UNPUBLISHED January 24, 2012

No. 301226 Kalamazoo Circuit Court LC No. 2010-000090-FC

Before: HOEKSTRA, P.J., and MARKEY and BORRELLO, JJ. PER CURIAM. Defendant was convicted, following a jury trial, of bank robbery, MCL 750.531. He was sentenced as a habitual offender, fourth offense, MCL 769.12, to 95 months to 25 years' imprisonment. Defendant appeals as of right and for the reasons set forth in this opinion we affirm defendant's conviction and sentence. I. FACTS On August 3, 2009, Audry Loosier was employed as a teller with the National City Bank in Kalamazoo, Michigan. While working at the bank, a man walked into the bank and approached Loosier's teller window. The man said to Loosier: "I'm serious, give me your large bills." The man placed his hand in his pocket insinuating that he had a weapon. Loosier gave the man $1,600 to $1,700 in $100 and $50 bills. The man set an envelope down at Loosier's window to collect the money, but before Loosier could place the money into the envelope, the man grabbed the money and left. Loosier testified that during the robbery the man was two feet away from her and the whole incident lasted less than a minute. When the police arrived following the robbery, Loosier noticed that the envelope was left on the counter in front of Loosier's window. She gave the envelope to the police. Partial fingerprints and a partial palm print were found on the envelope which were matched to defendant. Loosier was not able to identify a suspect from a police lineup. Rebecca Lewis, another employee of the National City Bank, saw an African American male, wearing a brown shirt and a white hat walking into the bank and then leaving the bank. Lewis confirmed, using surveillance videotape, that the man she saw was the one who robbed the bank.

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Sean Burgess, employed in an unspecified law enforcement capacity, met with defendant every week for up to ten minutes. Burgess identified defendant as the man in the surveillance videotape and photographs. When asked for the basis of his identification, Burgess stated: "[f]acial recognition. Um, the way the man carried himself, the way the man was described to investigators matches the exact description as how I know him to be. And positive [identification] was made by me through these photographs." Detective Greg Cordes with the Kalamazoo Department of Public Safety talked with defendant concerning defendant's fingerprints being found on the envelope. Defendant explained to Cordes that he had given the envelope to a person named "Bud." Defendant also told Cordes that he had been fishing on the day the robbery occurred. At a subsequent hearing, Cordes heard defendant say that he went to Kalamazoo before going fishing on the day the robbery occurred. At trial, defendant produced his mother, Myrtlene Williams, who testified that on the date of the robbery defendant was at her house. The jury convicted defendant as stated above and defendant was sentenced by the trial judge to 95 months to 25 years. This appeal then ensued. II. ANALYSIS On appeal, defendant argues that the trial court was clearly erroneous in allowing Cordes' testimony concerning a confidential informant's tip. Defendant argues the trial court clearly erred for two reasons: (1) the testimony elicited violated the Confrontation Clause, US Const, Am VI; Const 1963, art 1,

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