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STATE OF MICHIGAN
COURT OF APPEALS


PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee,
V

UNPUBLISHED May 20, 2008

TONY RITCHIE, Defendant-Appellant.

No. 275061 Muskegon Circuit Court LC No. 06-053154-FC

Before: Donofrio, P.J., and Sawyer and Murphy, JJ. PER CURIAM. Following a bench trial, defendant was convicted of one count of criminal sexual conduct in the first degree (CSC I), the victim being under 13 years of age, MCL 750.520b(1)(a), and three counts of criminal sexual conduct in the second degree (CSC II), the victim being under 13 years of age, MCL 750.520c(1)(a). The trial court sentenced defendant to serve concurrent terms of imprisonment of eight to 20 years for CSC I, and eight to 15 years for each conviction of CSC II. Defendant appeals as of right. We affirm. This case is being decided without oral argument in accordance with MCR 7.214(E). I. Facts The prosecutor's theory of the case was that defendant repeatedly touched a girl, who was eight years old at the time of trial, in sexual ways, including contacting her vagina with his hands and mouth. The evidence included a recording of an interview with a police officer, in which defendant stated that he was now "ruined," and admitted initially that sexual contact had occurred once, then later admitted to taking such liberties with the child on four or five occasions. Defendant specifically admitted rubbing the child's vagina, but denied that oral sex took place. Defendant told the officer, "Just throw me in jail, I can never look at anybody anymore." On appeal, defendant argues that he was denied a fair trial by defense counsel's poor performance.

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II. Assistance of Counsel The United States and Michigan constitutions guarantee a criminal defendant the right to the assistance of counsel. US Const, Ams VI and XIV; Const 1963, art 1,

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