Preview:

STATE OF MICHIGAN
COURT OF APPEALS


PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v LINDA LOU PETERS,

UNPUBLISHED April 11, 1997

No. 188442 Oakland Circuit Court LC Nos. 93-126524-FH 93-126525-FH 93-126526-FH 93-126527-FH 93-126528-FH 93-126529-FH 93-126530-FH

Defendant-Appellant.

Before: Fitzgerald, P.J., and MacKenzie and Taylor, JJ. PER CURIAM. A jury convicted defendant of seven counts of third-degree criminal sexual conduct involving two minors at least thirteen years of age and under sixteen years of age, MCL 750.520d(1)(a); MSA 28.788(4)(1)(a). Defendant was sentenced to six to fifteen years' imprisonment on each count, to be served concurrently. Defendant appeals as of right. We affirm. Defendant was allegedly involved in sexual relationships with two teenage boys over a period of months. Defendant first argues that the trial court erred in granting the prosecution's motion to consolidate the charges involving both of the teenage boys. Our review of a trial court's decision to sever is two part. First, we review de novo whether the joined offenses are related as a matter of law and thus eligible for joinder. MCR 6.120(B); People v Tobey, 401 Mich 141, 153; 257 NW2d 537 (1977). Second, if we conclude that the offenses are related as a matter of law and thus eligible for joinder, we next review the trial court's grant of the prosecution's motion for an abuse of discretion. Id.

-1

MCR 6.120(A) provides that two or more informations or indictments against a single defendant may be consolidated for a single trial. However, MCR 6.120(B) provides that: On the defendant's motion, the court must sever unrelated offenses for separate trials. For purposes of this rule, two offenses are related if they are based on (1) the same conduct, or (2) a series of connected acts or acts constituting part of a single scheme or plan. A review of the transcript reveals that joinder of the offenses in this case finds support in the "single plan or scheme" provision of the rule. The offenses were connected in time, and connected in terms of similarity of what occurred

Download PEOPLE OF MI V LINDA LOU PETERS.pdf

Michigan Law