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STATE OF MICHIGAN COURT OF APPEALS

PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v THOMAS GARRISON CORSO, Defendant-Appellant.

UNPUBLISHED May 20, 2010

No. 290666 Grand Traverse Circuit Court LC No. 08-010685-FH

Before: WHITBECK, P.J., and SAWYER and BORRELLO, JJ. PER CURIAM. Defendant appeals as of right from his convictions of malicious destruction of police property, MCL 750.377b, and resisting and obstructing a police officer, MCL 750.81d(1), entered after a jury trial. We affirm. This appeal has been decided without oral argument pursuant to MCR 7.214(E). The charges in the instant case arose out of an incident that occurred when Deputy Aaron Dankers of the Grand Traverse County Sheriff's Department went to defendant's home to arrest defendant on a warrant issued by the Friend of the Court. Dankers wore his full uniform and drove his fully marked patrol vehicle to defendant's residence. Dankers maintained that he acted in a professional manner but that defendant behaved belligerently and engaged in action, including kicking out the window of the patrol car, that necessitated the use of pepper spray. Defendant and his girlfriend asserted that Dankers acted aggressively and used profanity; defendant acknowledged that he kicked out the window of the patrol car, but contended that he did so only after Dankers shut the door on his other foot. The evidence showed that Dankers had had previous contact with defendant regarding a personal protection order (PPO), and that Dankers had arrested defendant for violating the PPO. Defendant acknowledged that Dankers had arrested him on a prior occasion on a charge that he had violated a PPO. However, defendant denied that he held a grudge against Dankers. During closing argument, the prosecutor noted the evidence that defendant had been found guilty of violating a PPO, and acknowledged that such an event could have emotional repercussions. At one point, the prosecutor stated: Also we learn that [defendant] may have a reason to dislike this officer, because this officer, okay, had to testify at a prior hearing, contested hearing. -1-

This is a contested hearing, we call it a trial but it's a contested hearing. At a contested hearing, this officer had to testify, okay, as

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