PEOPLE OF THE STATE OF MICHIGAN v. LASAIL D. HAMILTON
No. 327608
STATE OF MICHIGAN COURT OF APPEALS
October 18, 2016
UNPUBLISHED; Macomb Circuit Court; LC No. 2014-003710-FH
Before: FORT HOOD, P.J., and GLEICHER and O‘BRIEN, JJ.
Defendant, Lasail D. Hamilton, was convicted by a jury of possession of a firearm by a felon (felon-in-possession),
On appeal, defendant first argues that “the trial court abused its discretion by improperly precluding defendant from asserting an alibi defense and granting a continuance of trial where there was neither a serious abuse of the right to assert the defense by defendant nor prejudice to the people‘s cаse.” We disagree.
At the outset, we must point out that defendant‘s argument is premised on factual inaccuracies. Defendant did present alibi testimony—his own. Specifically, he testified that he was not present at the scene of the crime.1 Thus, we cannot agree that the trial court precluded
A trial court‘s decision to preclude alibi testimony due to a defendant‘s failure to comply with the notice requirements under
In this case, it is undisputed that defendant failed to comply with the notice requirements under
Here, as indicated above, defendant admittedly failed to comply with
Defendant also argues on appeal that he was deprived of his constitutional right to effective assistance of counsel because defense counsel failed to object to testimony regarding his prior felony conviction.4 We disagree.
Ineffective-assistance claims present a mixed question of fact and constitutional law. People v Trakhtenberg, 493 Mich 38, 47; 826 NW2d 136 (2012). A trial court‘s findings of fаct are reviewed for clear error. Id. Questions of constitutional law are reviewed de novo. Id. However, because defendant did not adequately preserve his ineffective-assistance claim, our review is limited to mistakes apparent on the record. People v Lopez, 305 Mich App 686, 693; 854 NW2d 205 (2014).
Criminal defendants have a right to the effective assistance of counsel under both the United States and Michigan constitutions.
In this case, defendant claims that defense counsel should have objected to testimony regarding his previous felony conviction because it was inadmissible under MRE 609, which governs impeachment testimony. However, the testimony regarding his previous felony
Defendant additionally argues on appeal that he is entitled to a hearing on his present ability to pay court-ordered attornеy fees. We disagree.
Because this issue was not raised before the trial court, it is unpreserved and reviewed for plain error affecting defendant‘s substantial rights. People v Kowalski, 489 Mich 488, 506; 803 NW2d 200 (2011). In order to show plain error, defendant must establish “(1) that an error occurred, (2) that the error was plain, and (3) that the plain error affected defendant‘s substantial rights.” Id. at 506. Even if a defendant satisfies all three requirements, reversal is warranted only when the plain error “resulted in the conviction of an actually innocent defendant or when an error seriously affected the fairness, integrity or public reputation of judicial proceedings independent of the defendant‘s innocence.” Id. (citation and internal quotation marks omitted).
Courts mаy impose the cost “of providing legal assistance to the defendant” if a defendant is found guilty following a trial.
In this case, defendant does not рoint to, and we cannot find, anything in the record that suggests that the costs and fees imposed against defendant have been enforced. Accordingly, defendant‘s claim in this regard is premature.
Defendant‘s final argument involvеs the reasonableness of the trial court‘s imposition of $600 in court costs against defendant. He claims, and the prosecution concedes, that a remand is necessary to allow the trial court an opрortunity to establish a factual basis for the amount of costs imposed or, if appropriate, re-determine the amount of costs imposed. See
In sum, we affirm defendant‘s convictions and sentence but remand for further
/s/ Karen M. Fort Hood
/s/ Elizabeth L. Gleicher
/s/ Colleen A. O‘Brien
