Defendant appeals as of right from jury convictions of armed robbery, MCL 750.529; MSA 28.797, first-degree criminal sexual conduct, MCL 750.520b; MSA 28.788(2) and felony-firearm, MCL 750.227b; MSA 28.424(2). He was sentenced to terms of from 10 to 20 years on the robbery conviction and from 30 to 60 years on the criminal sexual conduct conviction, as well as to the mandatory two-year term on the felony-firearm conviction. We affirm.
The complainant in this case was 72-year-old Mable Hall who testified that at 10 o’clock a.m. on September 13, 1983, she opened her front door to the defendant in the belief that he was her son-in-law, whom she was expecting. Defendant quickly entered complainant’s home, produced a handgun and prevented her from leaving._
Defendant testified at trial and introduced the testimony of five alibi witnesses. All testified that on September 13, 1983, defendant was observed on the east side of the City of Detroit at the time or near the time complainant was being robbed and assaulted in her home on the city’s west side. The five alibi witnesses were George Snodgrass, defendant’s friend of three to five years, George’s mother, his stepfather and two male cousins.
On appeal, defendant raises seven issues, three of which involve his alibi defense. We will consider these arguments first.
Examination and comment upon an alibi witness’s failure to speak or act in a manner that would have been natural to do under the circumstances of a particular case is permissible in Michigan. See
People v Lafayette,
Moreover, it was not improper for the prosecutor to elicit and comment upon the fact that all five witnesses were friends or acquaintances of the defendant. See MCL 600.2158; MSA 27A.2158. Nor was it impermissible for the prosecutor to impeach George Snodgrass with questions regarding his prior criminal convictions. MRE 609. The prosecutor in this case was presented with an alibi defense and it was his duty to fairly point up the weaknesses of that defense. This the prosecutor did by commenting in closing argument about the relationship between defendant and his alibi witnesses, and their failure to come forward to the police upon being informed of the charges against him, providing ample opportunity to coordinate testimony. The prosecutor’s closing argument essentially related his theory of the case as supported by the evidence and all reasonable inferences drawn therefrom.
People v Jancar,
Defendant’s complaint regarding the trial court’s questioning of two of his alibi witnesses is likewise without merit. The trial court’s questions were brief, relevant and did not tend to arouse suspicion in the minds of the jurors. Since the examination was neither hostile nor invaded the role of the prosecutor, we find no abuse of the trial court’s discretion in its examination and no prejudice to the defendant.
People v Gendron,
Defendant raises four additional issues on appeal which we now consider.
We are not persuaded that reversal is required because of the prosecutor’s opening statement re
Nor do we find that reversal is mandated because of the admission of certain blood-type evidence at trial. Police experts testified that the semen stains found on the mattress upon which complainant was sexually assaulted and on the complainant’s clothing came from an individual secreter possessing blood-type B. Defendant, a black male, possesses blood-type B, as does 20% of the black population. While two members of this panel would disagree as to the admissibility of the blood-type evidence, contrast Judge Kelly’s opinions in
People v Sturdivant,
The trial court did not err in reading as part of its instructions CJI 20:1:01, which accurately states the law as provided in MCL 750.520h; MSA 28.788(8). Moreover, the instruction was applicable in this case since defense counsel vigorously argued in closing that, because of the strength of the alibi defense, the jury should insist on some corroborative evidence, which the prosecution had failed to supply.
Finally, our consciences are not shocked by the imposition of a sentence of from 30 to 60 years for defendant’s conviction of first-degree criminal sexual conduct.
People v Coles,
Affirmed.
