(DOWNLOAD) "People State Michigan v. Oscar Moore Iii" by Court of Appeals of Michigan ~ Book PDF Kindle ePub Free
eBook details
- Title: People State Michigan v. Oscar Moore Iii
- Author : Court of Appeals of Michigan
- Release Date : January 16, 1987
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
Defendant Oscar Moore III was convicted by a jury of one count of armed robbery, MCL 750.529; MSA 28.797, two counts of first-degree criminal sexual conduct, MCL 750.520b(1) and (2); MSA 28.788(2)(1) and (2), one count of assault with intent to do great bodily harm less than murder, MCL 750.84; MSA 28.279, and four counts of possession of a firearm in the commission of a felony, MCL 750.227b; MSA 28.424(2). He appeals from his convictions, asserting that he was improperly deprived of his right to testify, was prejudiced when the jury saw him in handcuffs, and was improperly convicted of multiple counts of felony firearm. He also appeals his sentence of one hundred to three hundred years on the armed robbery conviction, claiming that the sentence is cruel and unusual, contrary to the indeterminate sentence act, and is so excessive as to shock the judicial conscience. We affirm defendant's convictions, but vacate defendant's armed robbery sentence and remand for resentencing. Defendant's convictions arose out of his assault and robbery of the victim. At gunpoint, defendant stole the victim's money and necklace and forced her to submit to intercourse and fellatio. After defendant left the victim's home, she immediately contacted the police and gave a description of her assailant. A short time later, defendant, who resembled the victim's description, was observed and followed by an officer. When the officer approached defendant, defendant shot at the officer and fled. Defendant was subsequently apprehended by other officers.