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STATE OF MICHIGAN COURT OF APPEALS

PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v RYAN DAVID REMPP, Defendant-Appellant.

UNPUBLISHED November 24, 2009

No. 285698 Montcalm Circuit Court LC No. 07-009730-FJ

Before: Meter, P.J., and Murphy, C.J., and Zahra, J. PER CURIAM. A jury convicted defendant of fourth-degree fleeing and eluding, MCL 257.602a(2). He was sentenced to four months in jail and two years' probation. He appeals as of right. We affirm. I. Basic Facts and Proceedings On September 29, 2007, defendant, then 17 years old, was riding a motorcycle on M-46. James Reamsma, a police officer, testified that he was in a marked patrol car on that day, and was parked on the opposite side of the highway. Reamsma testified that he first clocked a 1993 Oldsmobile traveling at 64 miles per hour, which was above the speed limit. He then observed defendant driving a motorcycle at 98 miles per hour. The central issue at trial was whether defendant knew he was being pursued and whether he ignored Reamsma's order to pull over. Police Officer James Reamsma testified that he accelerated from his parked position and, as he made a U-turn, activated the flashing lights on his patrol car. He did not have the siren on. He testified that defendant "de-accelerated very, very quickly," that he "braked, very, very hard" as he approached the intersection of M-46 and Vickeryville Road, and that defendant "almost came to a complete stop" and "was hardly moving at that point." Reamsma stated the following: The motorcycle then, proceeded to turn north bound on Vickeryville and as I said was almost at a stop, maybe five miles an hour, he was hardly even moving at that point. And the driver of the motorcycle, turned and looked over his shoulder like this, he was wearing a full face helmet, looked directly at my patrol car. I was approaching Vickeryville and 46, had my flashing lights on, he looked directly at me and then accelerated sharply, and proceeded north bound on Vickeryville road. -1-

Reamsma pursued and observed that "the motorcycle was accelerating sharply." It turned right, making skid marks, eventually turned on to a private driveway and traveled about 210 feet before sliding on its side and crashing. Defendant admitted that he was speeding. However, he claimed he never looked back, that he never saw any police lights or emergency lights coming behind him, and that he did not know the officer was behind him. The occupants of the Oldsmobile testified that the lights were not activated until after defendant turned north onto Vickeryville Road. Reamsma then testified on rebuttal that he was close behind defendant at the intersection and saw the patrol car's headlights reflected off the motorcycle. The judge permitted a juror to ask the following questions: Q. Where was the defendant when you turned your lights on? Your emergency lights, overhead lights? A. The defendant had completed his pass of the car he was actually just in the front of the car [Oldsmobile] and I was on 46, so there would have been the motorcycle, the car and then my

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