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People v. Mackle9/15/2000
FOR PUBLICATION
June 30, 2000
9:00 a.m.
Updated Copy
In this case, a jury convicted defendant of twelve counts of first degree criminal sexual conduct (CSC I), MCL 750.520b(1); MSA 28.788(2)(1), and one count of kidnapping, MCL 750.349; MSA 28.581. The trial court sentenced defendant to fifteen to thirty years' imprisonment, with credit for 2,799 days served, for kidnapping and to the same sentence for each CSC I count. On appeal as of right, defendant contends that the evidence adduced at trial was insufficient to support his conviction under MCL 750.l520b(1)(f); MSA 28.788(2)(1)(f) (the "personal injury" variety of CSC I), and that his CSC I and kidnapping convictions cannot withstand double jeopardy analysis. Defendant further argues that his extradition to Michigan from Canada violated a treaty between the United States and Canada, as well as his right to a speedy trial. We affirm, but remand to the trial court with instructions to amend the judgment of sentence.
I.
Complainant testified at trial that she met defendant in April 1989 and that a relationship thereafter ensued. She understood that defendant developed property, promoted a rock band, and produced movies. According to complainant, she ended the relationship in September 1989, but defendant persistently attempted to remain in touch with her. Complainant agreed to meet him in a restaurant on October 5, 1989. At that meeting, complainant told defendant that she did not want to pursue the relationship further.
Complainant testified that defendant was initially calm and polite that night, but that after dinner, in the restaurant parking lot, defendant pulled her out of her car and shoved her into his own. Defendant insisted on continuing the conversation and began driving, over her objections. When complainant struggled, defendant pulled over, tied her hands, then continued to drive. According to complainant, she continued to struggle, and defendant continued to subdue and constrain her until they reached a motel in Port Huron. Defendant told her that he was taking her to see some of his Mafia friends.
Complainant testified that at the motel, over her further objections and resistance, defendant had sexual intercourse with her while her hands were tied. According to complainant, she tried to leave the room, but defendant restrained her, bound her ankles with neckties, and tied her wrist to his own. The following morning defendant announced that he was going to have sex with her again. When she resisted, he repeatedly struck her with an open hand and then forced her to have intercourse. Afterward, the two argued furiously, and defendant responded by strangling her with a necktie for a minute or two. Defendant again forced her to endure sexual intercourse. Complainant observed that defendant seemed to derive heightened pleasure from her resistance.
Early in the afternoon, defendant tied complainant's hands and placed her back in his vehicle. Defendant later untied her and allowed her to eat some pizza, at which time he informed her that he would take her to see some Mafia members, with whom she would remain until she agreed to marry him. Complainant testified that she then tried to leave the vehicle, but that defendant tied her up again and put her in the back seat. Defendant also punched her leg and slapped her face. He continued to drive around town until approximately 5:00 p.m., when he pulled behind a building, penetrated her digitally, and then pushed her legs apart and performed cunnilingus.
Afterward, defendant drove to another motel in Port Huron and obtained a room. Once inside, defendant told complainant that if
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