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STATE OF MICHIGAN
COURT OF APPEALS


PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v WILLIAM JAMES GATES, Defendant-Appellant.

UNPUBLISHED June 5, 2008

No. 271508 Lapeer Circuit Court LC No. 05-008663-FC

Before: Fort Hood, P.J., and Talbot and Borrello, JJ. PER CURIAM. Defendant was convicted, following a jury trial, of one count of first-degree criminal sexual conduct (CSC I), MCL 750.520b(1)(a) (victim under 13), two counts of second-degree criminal sexual conduct (CSC II), MCL 750.520c(1)(a) (victim under 13), and one count of assault with intent to commit CSC involving sexual penetration, MCL 750.520g(1). As a fourthoffense habitual offender, defendant was sentenced to concurrent prison terms of 22 years, 6 months to 40 years in prison for CSC I, 10 to 15 years for each count of CSC II, and 5 to 10 years for assault with intent to commit CSC. We affirm. Defendant's convictions were based on multiple instances of abuse of two family members. At the time of these incidents, the two victims were about five or six years old. At trial, the jury heard testimony from these two victims, as well as other acts testimony from a nephew of defendant's who is now an adult, and a friend of that nephew. Both other acts witnesses testified that defendant sexually abused them when they were children, beginning when they were about five or six, and ending when they were about 13. Defendant first argues that as applied to this case, MCL 768.27a violates the constitutional guarantee against ex post facto laws.1 MCL 768.27a allows certain other acts evidence to be admitted for any relevant purpose in criminal cases involving certain offenses against minors. The statute became effective on January 1, 2006. Defendant was tried in 2006, but the acts were committed several years earlier.

1

US Const, Art I,

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