People v. Campbell
316 Mich. App. 279
| Mich. Ct. App. | 2016Background
- Defendant Michael David Campbell was convicted by a jury of six counts of indecent exposure as a sexually delinquent person (MCL 750.335a; MCL 750.10a) after five women testified about incidents from April–August 2013.
- Campbell represented himself at trial (with standby counsel) and admitted presence at incidents but claimed he used an artificial penis as a prank.
- The prosecution introduced prior bad-act evidence and convictions from earlier incidents to prove common scheme/absence of mistake and sexual‑delinquent status.
- The trial court tried one combined trial (indecent exposure + sexually delinquent-person enhancement) rather than separate trials or juries.
- Campbell was sentenced as a fourth‑offense habitual offender; the trial court used the sentencing guidelines to set concurrent terms of 35 to 82 years; Campbell appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Waiver of right to counsel | State: trial court substantially complied with Anderson and MCR 6.005, ensured waiver was knowing and voluntary | Campbell: court failed to adequately inform him of risks, didn’t reaffirm waiver at subsequent proceedings, and never made an on-the-record finding | Court: No plain error; substantial compliance satisfied and any technical omissions were harmless |
| Separate trials / joinder of sexual‑delinquent finding | State: single trial appropriate because evidence overlaps and MRE 404(b) often admits prior acts; limiting instructions suffice | Campbell: joinder prejudiced him; expert testimony on delinquency improperly influenced verdict on underlying offenses | Court: No abuse of discretion; single proceeding acceptable under Breidenbach; any instructional omission was harmless given overwhelming evidence |
| Applicability of sentencing scheme (guidelines vs. MCL 750.335a) | State (and prior precedents): guidelines control sentencing | Campbell: amended MCL 750.335a(2)(c) uses mandatory language (“is punishable”) making 1 day–life the required indeterminate sentence | Court: After Lockridge, the statutory mandatory language in MCL 750.335a(2)(c) controls; trial court erred by using the advisory guidelines—sentences vacated and remanded for resentencing consistent with MCL 750.335a(2)(c) |
| Relevance of criminal sexual psychopathic classification | State: statute repealed; classification no longer exists | Campbell: argues he should have been treated under repealed classification per Griffes | Court: No merit—statute repealed long ago; no plain error |
Key Cases Cited
- People v. Lockridge, 498 Mich 358 (2015) (holding guidelines’ mandatory-minimum framework unconstitutional and making guidelines advisory for minimums)
- People v. Breidenbach, 489 Mich 1 (2011) (Helzer overruled; separate juries no longer mandatory—decide case-by-case)
- People v. Adkins (After Remand), 452 Mich 702 (1996) (substantial‑compliance standard for Anderson/MCR 6.005 colloquies)
- People v. Anderson, 398 Mich 361 (1976) (defendant may waive counsel only after being informed of dangers; framework for waiver)
- People v. Carines, 460 Mich 750 (1999) (plain‑error standard for unpreserved claims)
- People v. Buehler, 477 Mich 18 (2007) (discussing which sentencing regime controls for indecent exposure as sexually delinquent person)