People of Michigan v. Robert Joseph Mattson
331312
Mich. Ct. App.Jul 11, 2017Background
- Defendant Robert Mattson was convicted by a jury of assault by strangulation (MCL 750.84(1)(b)) for an incident on March 25, 2015, in which he choked and struck the victim repeatedly; he was sentenced to 23–120 months’ imprisonment.
- At trial the victim testified she lost consciousness during choking, was dragged to a bedroom, spat upon, shoved, and held at a window; police and on‑scene medical personnel responded and the victim reported feeling "lightheaded."
- At sentencing the trial court scored offense variables (OV) 3 (physical injury), 4 (psychological injury), 7 (aggravated physical abuse), 8 (asportation), and 13 (continuing pattern of criminal behavior), producing an elevated guidelines range.
- Defendant sought an adjournment on the first day of trial so retained counsel could appear; the trial court denied the adjournment and proceeded with trial (retained counsel was later added as cocounsel that day).
- Defendant raised multiple ineffective‑assistance claims on appeal (failure to object to OV scoring, failure to investigate/call witnesses or experts, failure to file pretrial motions, and advising him not to testify); he did not request a Ginther hearing in the trial court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| OV 3 (physical injury) — 10 pts | Evidence (victim lost consciousness; officer sought medical attention; on‑scene medical exam) supports that medical treatment was necessary | No evidence medical treatment was necessary or provided | Affirmed: 10 pts proper — victim’s injuries and officer testimony support that treatment was necessary |
| OV 4 (psychological injury) — 10 pts | Victim’s testimony and actions (fear, prepping to scream, saying she thought he’d kill her) show serious psychological injury/fearfulness | No record evidence of serious psychological injury or treatment need | Affirmed: 10 pts proper — victim’s fearfulness and circumstances support serious psychological injury |
| OV 7 (aggravated physical abuse) — 50 pts | Defendant’s prolonged choking, dragging, beating, laughing while victim unconscious show sadism/excessive brutality | Conduct did not amount to sadism, torture, or excessive brutality beyond offense minimum | Affirmed: 50 pts proper — conduct showed sadism/excessive brutality over several hours |
| OV 8 (asportation) — 15 pts | Dragging victim from kitchen to bedroom moved her out of view, to greater danger or concealment | Movement was incidental and not qualifying as asportation | Affirmed: 15 pts proper — movement to bedroom away from observers qualifies as asportation |
| OV 13 (continuing pattern) — 25 pts | PSIR and defendant’s admissions support two other felonies (CSC‑III and AWIGBH) within five years even though charges ultimately dismissed | No proof of two additional felonies within five years beyond the instant offense | Affirmed: 25 pts proper — court may consider dismissed charges and PSIR evidence; total met 3 felonies against victim |
| Adjournment / choice of counsel | Trial court balanced defendant’s right to retained counsel against calendar; denial reasonable given delay and lack of timely notice | Denial deprived defendant of Sixth Amendment right to counsel of choice — adjournment needed for retained counsel | Affirmed: denial not abuse of discretion; no prejudice shown; retained counsel able to join as cocounsel that day |
| Ineffective assistance (multiple claims) | Defense counsel performed adequately; objections and litigation strategy reasonable; many claims lack record support | Counsel failed to object to OVs, investigate/call witnesses or experts, move to quash, and advised defendant not to testify | Affirmed: claims unpreserved or unsupported on the record; counsel’s choices were reasonable trial strategy; defendant failed to show prejudice |
Key Cases Cited
- People v McChester, 310 Mich. App. 354 (evidence for OV scoring may include PSIR and testimony)
- People v Hardy, 494 Mich. 430 (standard for reviewing OV scoring; facts reviewed for clear error, statutory application de novo)
- People v Francisco, 474 Mich. 82 (resentencing required if OV errors alter minimum sentencing range)
- People v Armstrong, 305 Mich. App. 230 (OV3 analysis where absence of medical testimony undermined 10‑point score)
- People v Earl, 297 Mich. App. 104 (courts may rely on reasonable inferences from record to support OV scoring)
- People v Chelmicki, 305 Mich. App. 58 (asportation: movement away from presence/observation of others qualifies)
- People v Nix, 301 Mich. App. 195 (courts may consider dismissed charges in OV13 if evidence supports they occurred)
- United States v Gonzalez‑Lopez, 548 U.S. 140 (Sixth Amendment right to counsel of choice but balanced against court’s calendar)
- People v Coy, 258 Mich. App. 1 (factors for adjournment: asserted right, legitimate reason, negligence, prior requests)
- People v Trakhtenberg, 493 Mich. 38 (standards for ineffective‑assistance review)