PEOPLE OF MI V LANDO LATHEL PALMER
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
January 26, 1999
Plaintiff-Appellee,
v
No. 204713
Recorder’s Court
LC No. 96-005607
LANDO LATHEL PALMER,
Defendant-Appellant.
Before: Saad, P.J., and Kelly and Bandstra, JJ.
PER CURIAM.
Defendant appeals as of right from his bench trial conviction of first-degree criminal sexual
conduct, MCL 750.520b(1)(e); MSA 28.788(2)(1)(e). Defendant was sentenced to 36 to 120
months’ imprisonment. We affirm.
Defendant’s sole issue on appeal is that the prosecution failed to present sufficient evidence to
support his conviction. We disagree.
The elements of first-degree criminal sexual conduct involving the use of a weapon are: (1) the
actor engaged in sexual penetration with another person; and, (2) the actor used a weapon to
accomplish sexual penetration. MCL 750.520b(1)(e); MSA 28.788(2)(1)(e); People v Harris, 133
Mich App 646; 350 NW2d 305 (1984), (citing People v Anderson, 11 Mich App 671; 314 NW2d
723 (1981)). The absence of consent is not an element to the crime of first-degree criminal sexual
conduct. People v Stull, 127 Mich App 14, 20; 338 NW2d 403 (1983). The prosecution must prove
lack of consent beyond a reasonable doubt only if it is raised as an affirmative defense. People v
Charles Thompson, 117 Mich App 522, 528; 324 NW2d 22 (1982). Viewing the evidence in a light
most favorable to the prosecution, we conclude that the prosecution presented sufficient evidence that
complainant did not consent to sexual penetration by defendant and that defendant threatened
complainant with a knife when he vaginally penetrated her.
Complainant was driven away in defendant’s car and taken to defendant’s home without her
shoes, purse or identification; items she typically took with her when she went out. Furthermore,
complainant testified that defendant threatened to cut her with a knife if she did not take off her clothes
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and climb on top of him so he could vaginally penetrate her. Defendant penetrated complainant a total of
three times without her consent. Defendant drove complainant home and complainant told her daughter
she had been raped by defendant. A rational trier of fact could find beyond a reasonable doubt, based
on these facts, that defendant committed first-degree criminal sexual conduct. People v Hutner, 209
Mich App 280, 282; 530 NW2d 174 (1995)(citing People v Petrella , 424 Mich 221, 268-270; 380
NW2d 11 (1985)). We hold, therefore, that the prosecution presented sufficient evidence to support
defendant’s conviction.
Affirmed.
/s/ Henry William Saad
/s/ Michael J. Kelly
/s/ Richard A. Bandstra
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