(Download) "People State Michigan v. Alberto James" by Court of Appeals of Michigan # eBook PDF Kindle ePub Free
eBook details
- Title: People State Michigan v. Alberto James
- Author : Court of Appeals of Michigan
- Release Date : January 23, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
Following a jury trial, defendant was convicted of two counts of first-degree criminal sexual conduct, MCL 750.520b(1)(f); MSA 28.788(2)(1)(f), and one count of breaking and entering an occupied dwelling with the intent to commit a felony therein, MCL 750.110; MSA 28.305. Defendant was sentenced to concurrent terms of thirty to fifty years' imprisonment for the convictions of first-degree criminal sexual conduct and to ten to fifteen years' imprisonment for the conviction of breaking and entering. Defendant appeals as of right. We affirm. Defendant first claims that there was insufficient evidence to support his conviction of the second count of first-degree criminal sexual conduct. The victim testified that defendant beat her for twenty minutes, striking her forty to sixty times and inflicting numerous injuries. After the victim stopped screaming, defendant grabbed her by the hair and removed his clothes. Defendant ripped the victim's dress. Defendant then pulled the victim's hair and made her move to a position where she could perform fellatio on him. Defendant then attempted to force the victim into the bedroom. The victim was struggling because she did not want to go into the bedroom, where her toddler was sleeping. Defendant complied with the victim's pleas not to go into the bedroom. Defendant brought the victim back into the living room and pushed her onto the floor. Defendant, who was on top of the victim, demanded that she perform fellatio on him, which she did. Defendant then performed cunnilingus on the victim. The victim observed her child watching and crying. Defendant told the victim to perform fellatio on him again. The victim begged defendant to let her go to her child. Defendant gathered some of his belongings and left. Clumps of the victim's hair were on the floor. The victim testified that defendant was in her apartment for less than thirty minutes.
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