People v. Duenaz
306 Mich. App. 85
| Mich. Ct. App. | 2014Background
- Per curiam affirmations of convictions for three counts CSC-I and one CSC-II; sentence as a fourth-offense habitual offender to 50–75 years; appeal asserts evidentiary errors and sentencing issues; trial court excluded prior sexual-assault evidence under rape-shield statute (MCL 750.520j); victim statements to Dr. Frederick admitted as hearsay under MRE 803(4); admitted other-acts evidence including 2009 Arizona conviction and 2007 assault; challenges to compulsory process regarding Penshorn; IAD timing dispute; OV 11 scoring error; double jeopardy and Sixth Amendment considerations raised; Court remands for corrected sentencing information and resentencing while affirming convictions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Rape-shield admissibility of prior assault evidence | Defendant argues admission is essential for defense. | Evidence fits exceptions or constitutional right to confrontation. | Exclusion upheld; not within rape-shield exceptions; rights not violated. |
| Admissibility of victim statements to doctor as hearsay | Statements necessary for diagnosis/treatment; trustworthy under Meeboer factors. | Statements unreliable as non-tactual medical necessity. | Admission affirmed under MRE 803(4); harmless given cumulative/corroborating testimony. |
| Admission of other-acts evidence (2007 assault and 2009 Arizona conviction) | Relevant to propensity and reliability under MCL 768.27a and MRE 403. | Prejudicial; less probative than prejudicial. | Admissible under statute and court rule; proper balancing with limiting instructions. |
| Double jeopardy vs Blockburger for CSC-I and CSC-II convictions | Separate elements justify multiple convictions. | Convictions for both CSC-I and CSC-II barred by same acts. | Not violative; CSC-I and CSC-II have distinct elements; constitutional. |
| IAD timing and Penshorn testimony/production | Trial timely under IAD; any error in production/testimony not outcome-determinative. |
Key Cases Cited
- People v Arenda, 416 Mich 1 (1982) (rape-shield limits confrontation and relevance of prior sexual history)
- People v Morse, 231 Mich App 424 (1998) (limits on relevance and probative value of prior sexual conduct evidence)
- People v Hackett, 421 Mich 338 (1984) (rape-shield exceptions and necessity of balancing probative value vs prejudice)
- People v Meeboer (After Remand), 439 Mich 310 (1992) (trustworthiness factors for medical statements by child victims)
- Watkins, 491 Mich 450 (2012) (MCL 768.27a and MRE 404(b) interplay; admissibility under 403 balancing)
- People v Lown, 488 Mich 242 (2011) (IAD timing; notice triggers 180-day period)
- People v Jackson, 487 Mich 783 (2010) (remand for sentencing guideline corrections when OV scores miscalculated)