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People v. McLaughlin9/25/2003
FOR PUBLICATION
Following a jury trial in the Macomb Circuit Court, defendant was convicted of three counts of first-degree criminal sexual conduct ("CSC"), MCL 750.520b(1)(e) (sexual penetration while armed with a weapon). Defendant was sentenced to nine to twenty-five years' imprisonment for each conviction. On appeal, defendant argues that he is entitled to a new trial because of several instances of prosecutorial misconduct, several evidentiary errors, and because of errors in the jury instructions. Defendant also asserts errors occurred at sentencing. After consideration of defendant's arguments, we conclude that defendant is not entitled to a new trial and that no errors occurred at sentencing. Consequently, we affirm defendant's convictions and sentences.
I. Factual Background
The victim met defendant in December 1999 or January 2000, when defendant was working with the victim's daughter. The victim and defendant developed an amorous relationship, and moved in together soon after they met. The victim, her daughter, and defendant lived together, first in an apartment in Warren and then on Field Street in Detroit.
Approximately one month after defendant and the victim began dating, defendant told the victim that he used crack cocaine and that he was spending most of his paychecks on crack. Nonetheless, defendant and the victim sought counseling for their relationship and his drug problem from their pastor, Reverend James Moore, and his wife, Missionary Edythe Moore. Defendant denied ever using crack cocaine.
On May 9, 2000, the victim fractured her spine and was hospitalized for three weeks following corrective surgery. The victim and her daughter both testified that defendant sold or pawned their possessions to buy drugs while the victim was in the hospital. The victim contended that she ended her relationship with defendant in May 2000, because he failed to resolve his drug addiction; however, defendant claimed the relationship continued.
Soon after leaving the hospital, the victim rented an efficiency unit in Warren for herself and her daughter. The victim remained partially immobile from the surgery and used a hospital bed in the motel room to lie with her knees elevated. The victim testified that she was in too much pain to have any interest in sex during this time.
The victim was released from drug treatment around August 22, 2000. On August 27 or 28, defendant called the victim and asked if he could move in with her because he had lost his job . The victim agreed that he could stay for a week, though she had no intent of rekindling the relationship. The victim went to the Field Street apartment to pick up defendant and help move his clothes to the motel. Defendant stayed with the victim for the next three nights, sleeping in the motel room bed while the victim slept in the hospital bed. The victim's daughter spent nights with a friend, but returned to the motel during the day. The victim continued to be in pain and remained partially immobile.
On August 29, 2000, defendant asked to borrow the victim's car so he could take a vinyl siding job and earn money for rent. The victim and her daughter permitted defendant's use of the car because they needed the money for rent and groceries. Defendant said he would return at 10:00 p.m., but did not return that day and the victim was unable to reach him. Defendant denied telling the victim that he would return the car that night.
Defendant returned on August 30, 2000, around 2:30 p.m. without money or groceries, smelling of alcohol. Defendant said he "messed up" or "f---ed up," which the victim and her daughter understood to mean that he had be
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