People v. Armstrong
305 Mich. App. 230
| Mich. Ct. App. | 2014Background
- Armstrong was convicted by jury of third-degree criminal sexual conduct and sentenced to 10 to 15 years; conviction affirmed but sentence vacated and remanded due to OV 3 scoring error.
- Complainant, age 14, testified Armstrong touched her undershorts and inserted fingers in her vagina during a park encounter in the afternoon/early evening.
- Family and community witnesses described the incident aftermath; complainant disclosed to sister and later to police; Armstrong fled as officers approached and was apprehended after a struggle with the complainant’s father and others.
- Jury selection involved a single peremptory strike used to excuse Juror Two, the only Black juror, with the court noting childcare issues and finding no discriminatory purpose.
- At sentencing, the court scored PRV 1 (adult conviction) and OV 4 (psychological injury) but relied on disputed OV 3 (bodily injury) evidence based on a SANE report; argument over medical treatment was central.
- Armstrong moved for a new trial based on newly discovered impeachment witnesses; court denied, finding lack of reasonable diligence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the peremptory strike racially motivated? | Armstrong | Armstrong | No prima facie discrimination shown; no clear error; no legal discrimination established |
| Was the flight instruction properly given and supported by evidence? | Armstrong | Armstrong | Instruction supported by evidence and within principled outcomes |
| Should PRV 1 have been scored for Armstrong's prior adjudication/conviction history? | Armstrong | Armstrong | Court properly scored PRV 1; prior adult conviction treated as conviction |
| Was OV 3 properly scored given lack of medical treatment for bodily injury? | Armstrong | Armstrong | OV 3 improperly scored; bodily injury did not require medical treatment |
| Was OV 4 properly scored for psychological injury? | Armstrong | Armstrong | OV 4 properly scored; victim suffered psychological injury may require treatment |
Key Cases Cited
- People v Knight, 473 Mich 324 (2005) (discusses peremptory challenges and discrimination analysis)
- People v Coomer, 245 Mich App 206 (2001) (assessments under PRV and sentencing guidance)
- Batson v. Kentucky, 476 U.S. 79 (1986) (prohibits race-based peremptory challenges; discrimination framework)
- People v Grissom, 492 Mich 296 (2012) (standard for appellate review of sentencing guidelines and related errors)
- Osantowski, 481 Mich 103 (2008) (standards for implied or explicit references in sentencing and evidence)