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STATE OF MICHIGAN
COURT OF APPEALS


PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v LUIS ANGEL PESQUERA, Defendant-Appellant.

FOR PUBLICATION January 16, 2001 9:00 a.m. No. 209238 Monroe Circuit Court LC No. 96-027383 Updated Copy March 16, 2001

Before: M.J. Kelly, P.J., and Holbrook, Jr., and Griffin, JJ. HOLBROOK, JR., J. Defendant appeals by leave granted from his jury trial convictions of two counts of firstdegree criminal sexual conduct (CSC I), MCL 750.520b(1)(a); MSA 28.788(2)(1)(a), and five counts of second-degree criminal sexual conduct (CSC II), MCL 750.520c(1)(a); MSA 28.788(3)(1)(a). Sentenced as an habitual offender, second offense, MCL 769.10; MSA 28.1082, defendant is serving concurrent sentences of life imprisonment for the CSC I convictions and 1522 1/2 years' imprisonment for the CSC II convictions. We affirm. Defendant was charged with the sexual assault of five children who lived in the mobile home trailer park where he resided. The children ranged in age from four to six years old. Before trial, the prosecution moved that the children be permitted to give videotaped depositions in lieu of live testimony in open court. Over defendant's objection, the trial court granted the prosecution's motion. On the first day of trial, the children's testimony was videotaped. The children testified in the courtroom with the judge, prosecutor, and defense counsel present. The -1-

jury was not present.

Defendant watched the proceedings live by way of closed-circuit

television. Defendant was allowed to consult with his counsel between direct examination and cross-examination of the children. The videotaped testimony was played for the jury on the second day of trial after opening statements by counsel. I Defendant argues that allowing the children to testify by way of videotape denied him his constitutionally protected right "to be confronted with the witnesses against him." US Const, Am VI; Const 1963, art 1,

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