PEOPLE OF MI V MICHAEL A HUDSON

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STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, UNPUBLISHED January 9, 1998 Plaintiff-Appellee, v No. 197832 Recorder’s Court LC No. 96-003122 MICHAEL A. HUDSON, Defendant-Appellant. Before: MacKenzie, P.J., and Hood and Hoekstra, JJ. MEMORANDUM. Defendant was convicted of involuntary manslaughter, MCL 750.321; MSA 28.553, and possession of a firearm during the commission of a felony , MCL 750.227b; MSA 28.424(2), MCL 750.227b; MSA 28.424(2). Defendant received a sentence of two years’ imprisonment on the felony­ firearm conviction and an enhanced sentence of ten to twenty-five years’ imprisonment on the manslaughter conviction, reflecting his status as a fourth offender, MCL 769.12; MSA 28.1084. Defendant appeals as of right. We affirm. Viewing the evidence in a light most favorable to the prosecutor, we find that a rational trier of fact could find beyond a reasonable doubt that defendant was not acting in self-defense when he shot the victim in the back of the head. People v Wolfe, 440 Mich 508, 515; 489 NW2d 748 (1992), amended 441 Mich 1201 (1992); People v Fortson, 202 Mich App 13, 19-20; 507 NW2d 763 (1993); People v Deason, 148 Mich App 27, 31; 384 NW2d 72 (1985). Defendant has waived appellate review of his claim that the trial court erroneously admitted the preliminary examination testimony of a witness who died before trial by acceding to its admission. People v McCray, 210 Mich App 9, 14; 533 NW2d 359 (1995). Nevertheless, the prior testimony was properly admitted where the witness was unavailable due to death, where defense counsel engaged in extensive cross-examination of the witness during the preliminary examination, and where defense counsel attempted, albeit unsuccessfully, to elicit testimony from the witness on cross-examination that would aid defendant’s self-defense defense. MRE 804(b)(1); Ohio v Roberts, 448 US 56, 66, 70-71; -1­ 100 S Ct 2531; 65 L Ed 2d 597 (1980); People v Walter Moore, 78 Mich App 294, 297-298; 259 NW2d 351 (1977). -2­ Affirmed. /s/ Barbara B. MacKenzie /s/ Harold Hood /s/ Joel P. Hoekstra -3­

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