Court of Appeals upholds rulings in Allegan, Ottawa over sexual abuse and retail fraud
The Michigan Court of Appeals has upheld decisions in a pair of local cases, one each in Allegan County and Ottawa County.
Both decisions were given by Judge Christopher Murray, Judge Colleen O’Brien and Judge James Robert Redford.
Allegan County
Juan Carlos Muniz was convicted by a jury of first-degree criminal sexual conduct for sexually abusing a younger cousin at family gatherings when she was age 4, 7 and 13 years old. He was sentenced to 15-25 years in prison with credit for 207 days served in December 2020.
Muniz appealed, claiming his counsel provided ineffective assistance by not objecting to the testimony of two expert witnesses, which — he said — improperly bolstered the complainant’s testimony. He also argued that aspects of sentencing guidelines were errantly scored and that MCL 768.27a is unconstitutional and evidence admitted under that statute invalidates his conviction.
More:Allegan County rapist will remain in prison after Michigan Court of Appeals upholds resentencing
During sentencing, points were added for Muniz's continuing pattern of criminal behavior and interfering with the administration of justice, raising his minimum sentence.
Muniz claims MCL 768.27a — a portion of Michigan law making evidence of additional offenses by a defendant who is accused of committing a qualifying offense against a minor permissible — conflicts with the Supreme Court’s rule of evidence.
This claim has been rejected in multiple Michigan Supreme Court cases, and was rejected by the COA. After reviewing the case, the COA affirmed Muniz’s conviction and sentence.
Ottawa County
Michael Allen Miller was convicted by plea in June 2021 of one count of first-degree retail fraud for stealing power tools from a hardware store in Hudsonville.
He admitted to taking tools without paying for them and told officers he'd previously stolen from the store without getting caught. He then sold those tools for money to support his heroin addiction.
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Miller appealed his sentence of 40-60 months in prison, with credit for 179 days served, and restitution in the amount of $2,308.61.
The appeal of the prison sentence was based on a claim that the trial court “abused its discretion” by sentencing above guidelines and disproportionately to his offense.
Upon reviewing sentencing transcripts, the COA found the court did not abuse its discretion and Miller “is not entitled to any relief in this regard.” The appeals court sided with the original ruling that the upward departure from guidelines was warranted due to Miller’s criminal record, pending charges and lack of personal accountability.
— Contact reporter Mitchell Boatman at mboatman@hollandsentinel.com. Follow him on Twitter @SentinelMitch.
This article originally appeared on The Holland Sentinel: Court of Appeals upholds rulings in Allegan, Ottawa over sexual abuse and retail fraud
