PEOPLE OF MI V ISAAC DARNELL GOODMAN BEY
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
July 11, 1997
Plaintiff-Appellee,
v
No. 184297
Jackson Circuit Court
LC No. 94-70845-FH
ISAAC DARNELL GOODMAN-BEY,
Defendant-Appellant.
Before: Young, P.J., and Markey and D.A. Teeple*, JJ.
PER CURIAM.
Defendant appeals by right his jury trial conviction for inmate in possession of marijuana, MCL
800.281(4); MSA 28.1621(4), and his sentence as an habitual offender, fourth offense, MCL 769.12;
MSA 28.1084. The court sentenced defendant to a term of imprisonment of eight to twenty years, to
be served consecutively to the sentence defendant already was serving. The Jackson County
Prosecutor’s Office has not defended this appeal. We affirm.
Defendant was incarcerated at Jackson Central Correctional Facility. Prison officials found
packets of marijuana in defendant’s pockets during a random shakedown.
Defendant first argues that he was denied his constitutional right to an impartial jury drawn from
a fair cross-section of the community. Because defendant failed to establish that minorities were unfairly
and unreasonably underrepresented in Jackson County venires from which juries are selected or that
any underrepresentation occurred due to systematic exclusion in the selection process, he did not
present a prima facie case of denial of his rights. People v Guy, 121 Mich App 592, 599-600; 329
NW2d 435 (1982).
Defendant also argues that he was denied effective assistance of counsel. He first maintains that
his counsel’s objection to the jury venire should have been written, not oral. No legal authority supports
defendant’s argument. Counsel need not challenge the array in writing. People v Hubbard (After
* Circuit judge, sitting on the Court of Appeals by assignment.
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Remand), 217 Mich App 459, 465; 552 NW2d 593 (1996). Our
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Supreme Court vacated the case defendant relies upon, People v Kelly, 147 Mich App 806, 814; 384
NW2d 49 (1985), vacated 428 Mich 867 (1987). Defendant also argues that his counsel’s failure to
request that the prosecution turn over a videotape of the “stop” constituted ineffective assistance.
Defendant’s contention is without merit. The record does not reflect that such a videotape existed,
much less that its absence prejudiced defendant’s case or that its production would have changed the
result. See People v Stanaway, 446 Mich 643, 687-688; 521 NW2d 557 (1994).
Defendant next argues that the trial judge’s conduct pierced the veil of judicial impartiality. The
trial court’s questions were not prejudicial, unfair or biased; thus, they did not unduly influence the jury
or deprive defendant of a fair trial. People v Paquette, 214 Mich App 336, 340-341; 543 NW2d
342 (1995); People v Weathersby, 204 Mich App 98, 109; 514 NW2d 493 (1994).
Finally, defendant’s sentence was not erroneous. The sentencing court adequately addressed
defendant’s claims of error and appropriately tailored his sentence to the seriousness of his crime and
his criminal history. People v Milbourn, 435 Mich 630, 634-635; 461 NW2d 1 (1990); People v
Gatewood (On Remand), 216 Mich App 559, 560; 550 NW2d 265 (1996). The court accepted
defendant’s version of the facts surrounding prison misconducts and juvenile adjudications. Defendant’s
mere protestations of innocence of his prior felony convictions were not allegations of error in the
presentence report. Therefore, a corrected report under MCR 6.425(D)(3) is not necessary.
Likewise, because defendant does not allege that his prior convictions were based on faulty
adjudications, an additional hearing is not required. Finally, the seriousness of defendant’s offense and
his lengthy criminal history belie his claims that his sentence was disproportionate, People v Cervantes,
448 Mich 620, 630; 532 NW2d 831 (1995), or cruel or unusual punishment, People v Launsburry,
217 Mich App 358, 363; 551 NW2d 460 (1996).
Affirmed.
/s/ Robert P. Young, Jr.
/s/ Donald A. Teeple
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