Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

People v. Perry

Court of Appeals of Michigan

October 27, 2016

PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee,
v.
RODNEY DARRELL PERRY, Defendant-Appellant.

         Muskegon Circuit Court LC No. 15-065924-FH

          Before: K. F. Kelly, P.J., and O'Connell and Boonstra, JJ.

          Per Curiam

         A jury convicted defendant of two counts of uttering counterfeit notes, MCL 750.253; one count of false pretenses of $1, 000 or more but less than $20, 000, MCL 750.218(4)(a); and, one count of identity theft, MCL 445.65. Defendant was sentenced as a second-offense habitual offender, MCL 769.10, to three concurrent prison terms of two to seven and a half years and one term of 12 months in jail. Defendant now appeals as of right. Finding no errors warranting reversal, we affirm.

         I. BASIC FACTS

         This appeal arises out of the exchange of counterfeit money during a Craigslist transaction, and the background facts involve the fraudulent cashing of a check in Grand Rapids, Michigan.

         On July 27, 2014, Montay Lee participated in a basketball tournament in South Haven, Michigan, at which time his bag containing a variety of items, including his wallet, identification, and a $1, 100 paycheck from the city of Grand Rapids, was stolen. That same day, defendant cashed Lee's stolen check at Hall Street Party Store in Grand Rapids, Michigan. Wasif Hermiz, the owner of the party store, testified that defendant showed him Lee's identification when cashing the check. Additionally, because defendant was a new customer and because the check was for a higher amount, Hermiz took defendant's thumbprint and had him put it on the back of the check.

         Michael Bourdon, the victim in the instant case, posted for sale a 1998 Pontiac Firebird on Craigslist for $2, 500. On or around August 8, 2014, defendant and defendant's "mechanic, " Marcus Lavar Smith test drove the Firebird. Defendant agreed to the $2, 500 purchase price and handed Bourdon an envelope consisting of a $100 bill, several $50 bills, and approximately $150 to $200 worth of $10 bills. In exchange for the money, Bourdon filled out the title work, indicating that the purchaser was "Montay Lee."

         Bourdon's co-worker, Jordan Sohasky testified that he witnessed the transaction. After defendant and the mechanic left, both Bourdon and Sohasky noted that the money looked funny. Bourdon determined that there were no holograms on some of the bills and Sohasky noticed that the bills were too thick. Bourdon immediately called the police. A police officer accompanied Bourdon to Comerica Bank where it was determined that all of the money was counterfeit except for a $100 bill. The Firebird was entered into Law Enforcement Information Network as stolen.

         A few hours later, defendant and another individual went to the Secretary of State's Office in Grand Rapids, Michigan. A worker testified that the individuals wanted to transfer a vehicle title and change an address. The worker first changed the address and put a change of address sticker on the back of a Michigan license, which displayed the name "Montay Lee." The worker saw that the vehicle was identified as stolen. He went back into his office to contact the police and the individuals left before he returned. The Firebird was found approximately half of a mile away from the Secretary of State's office.

         In an interview with police, defendant admitted to passing a check at the Hall Street Party Store, but that "somebody" offered him money to cash the check and that he did not know that the check was stolen. Defendant had no knowledge of passing any counterfeit money in Muskegon County and denied being part of that transaction. There was no physical evidence connecting defendant to the counterfeit money.

         The jury found defendant guilty of identity theft, two counts of uttering counterfeit notes, and one count of false pretenses. Defendant was sentenced as outlined above. He now appeals as of right.

         II. AMENDMENT OF INFORMATION

         Defendant argues that the trial court erred by permitting the prosecution to amend the information to add a count of identity theft during trial because (1) the amendment was an unfair surprise and ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.