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STATE OF MICHIGAN COURT OF APPEALS

PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v ROBERT SEAN DWYER, Defendant-Appellant.

UNPUBLISHED July 3, 2012

No. 301300 Ionia Circuit Court LC No. 2010-014743-FH

Before: BECKERING, P.J., and OWENS and RONAYNE KRAUSE, JJ. PER CURIAM. Defendant Robert Sean Dwyer appeals as of right his conviction of being a prisoner in possession of a weapon, MCL 800.283(4). The trial court sentenced defendant, as a second habitual offender, MCL 769.10, to 26 to 90 months' imprisonment. Because we find that the issues raised by defendant lack merit, we affirm. The prosecution presented evidence that while housed at the Bellamy Creek Correctional Facility in Ionia, Michigan, defendant swung a padlock tied to a string into a crowd of inmates in the prison yard. Corrections officer Mark Farrar saw the incident and "hollered" at the inmates. Defendant looked at Officer Farrar, put the stringed padlock into his pocket, and walked out of the prison yard. Officer Farrar followed defendant back to his cell and saw defendant open the door to his food slot and throw something inside. Officer Farrar handcuffed defendant, and another officer opened the cell and retrieved the padlock. Defendant was placed in segregation. The correctional facility reported the incident to the Ionia State Police post and provided them with copies of the institution reports and a video from the prison that showed defendant passing something through the food slot of his cell. Three days later, Detective Sergeant Kate Trietch from the Ionia State Police post interviewed defendant. Defendant gave statements to Detective Trietch that were later used against him at trial where he was convicted by a jury.

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Defendant first argues that the trial court erred by denying his motion to quash the statements he made to Detective Trietch because she did not give him Miranda1 warnings before interviewing him. We disagree. When we review a trial court's factual findings with respect to a motion to suppress, we defer to the trial court unless the court's findings are clearly erroneous. People v Herndon, 246 Mich App 371, 395; 633 NW2d 376 (2001). We review de novo a trial court's ultimate decision on a motion to suppress. People v Lapworth, 273 Mich App 424, 426; 730 NW2d 258 (2006). Both the state and federal constitutions provide that no person shall be compelled to be a witness against himself in a criminal trial. See US Const, Am V; Const 1963, art 1,

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