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PEOPLE v. SHAFIER

Docket No. 267192.

743 N.W.2d 742 (2007)

PEOPLE of the State of Michigan, Plaintiff-Appellee v. Harold Emmett SHAFIER, III, Defendant-Appellant.

Court of Appeals of Michigan.

Decided October 30, 2007, at 9:00 a.m.

Released for Publication January 17, 2008.

Attorney(s) appearing for the Case

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, Frederick L. Anderson, Prosecuting Attorney, and Douglas E. Ketchum, Assistant Prosecuting Attorney, for the people.

Donald R. Cook, Detroit, for defendant.

Before: SCHUETTE, P.J., and O'CONNELL and DAVIS, JJ.

SCHUETTE, P.J.

Following a jury trial, defendant was convicted of two counts of second-degree criminal sexual conduct, MCL 750.520c(1)(b) (victim between 13 and 16 years of age and actor related to victim by affinity). Defendant was sentenced to 71 to 180 months' imprisonment. Defendant now appeals as of right. Although the prosecutor erroneously commented at trial about defendant's post-Miranda1 silence, we conclude that defendant...

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