PEOPLE OF MI V BILLY ALLEN GEROW
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
September 28, 2001
Plaintiff-Appellee,
V
No. 224412
Genessee Circuit Court
LC No. 99-004708-FH
BILLY ALLEN GEROW,
Defendant-Appellant.
Before: Cavanagh, P.J., and Markey and Cooper, JJ.
MEMORANDUM.
Defendant appeals by right his conviction of second-degree criminal sexual conduct
(CSC2), MCL 750.520c(1)(b)(iii). We affirm.
Defendant argues that there was insufficient evidence to prove that he used his authority
over the victim to coerce her to submit to the sexual contact. We disagree. The evidence
presented to the jury showed that defendant was in a position of authority, effectively in loco
parentis with regard to the victim, and had a history of subjecting her to inappropriate sexual
conversation and behavior. Defendant abused his position of authority over the victim in order to
engage in the sexual fondling that resulted in his conviction. Viewing the evidence in a light
most favorable to the prosecutor, a rational trier of fact could have found beyond a reasonable
doubt that defendant’s actions constituted implied or constructive coercion. People v Jolly, 442
Mich 458, 465-466; 502 NW2d 177 (1993); People v Premo, 213 Mich App 406, 410-411; 540
NW2d 715 (1995).
We affirm.
/s/ Mark J. Cavanagh
/s/ Jane E. Markey
/s/ Jessica R. Cooper
-1-
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