[Copyrighted Material Omitted]
Kent Circuit Court. LC No. 12-009542-FH.
For PEOPLE OF MI, Prosecutor, Plaintiff-Appellee: TIMOTHY K MCMORROW, GRAND RAPIDS, MI.
For CHRISTOPHER LEE JOHNSON, Appointed, DEFENDANT-APPELLANT: GARY L KOHUT, GAYLORD MI.
Before: M. J. KELLY, P.J., and BECKERING and SHAPIRO, JJ., SHAPIRO, J.
[309 Mich.App. 24] Douglas B. Shapiro,
Defendant, Christopher Lee Johnson, was convicted by a jury of second-degree home invasion, MCL 750.110a(3), and sentenced as a fourth-offense habitual offender, MCL 769.12, to 8 to 25 years' imprisonment. He appeals his conviction and sentence as of right. We affirm.
I. PERTINENT FACTS AND PROCEDURAL HISTORY
The home of Nicholas Simon and Serena Norris was broken into on April 18, 2012. The perpetrator gained access to the home by kicking in two different doors, as evidenced by the broken frames and a boot mark left on one of the doors. Among the items stolen from the home were a 52-inch flat-screen television and several pieces of jewelry, including an heirloom ring with a cross on it, and a class ring. Investigation eventually led police to Jackie Sturgis, who admitted to the home invasion and implicated defendant.
At trial, Sturgis testified that she helped defendant commit the home invasion. She stated that she drove defendant to the home and saw him go around the back. [309 Mich.App. 25] Through a window she viewed defendant inside the house and then witnessed him exit the home with various items, including a large television. She thereafter drove defendant to his brother's home, where defendant lived, and helped defendant unload some of the stolen items into the garage. She then accompanied defendant to Grand Rapids, where defendant sold the television. She also, per defendant's instructions, sold the ring with a cross on it and gave defendant the proceeds.
Chet Wood, who was incarcerated with defendant while awaiting trial, testified that he and defendant spoke about the charged home invasion. Wood testified at trial that he asked defendant, " [B]ottom line, did you do it?" Defendant responded, " Yeah, but I can't tell them that." Wood also recounted a discussion with defendant in which defendant told him that " between sellin' heroin and breakin' into houses, he was gettin' about 600 bucks a day." He also testified that Defendant told him that he had female accomplices--including " some Jackie girl" --and that some of them were going to testify against him.
Another witness testified that at defendant's request he pawned a class ring that was later determined to have come from the burglarized home and gave defendant the proceeds.
The prosecution also introduced testimony from Rory Bancroft who gave testimony regarding a separate burglary linked to defendant, which bore characteristics similar to those of the charged offense. She testified that the person who broke into her home had gained access by breaking in the front door and that she had observed a large footprint on the door. At trial, the prosecution showed Bancroft several items found in [309 ...