PEOPLE OF MI V GERALD J BAUER JR
Annotate this Case
Download PDF
STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
Plaintiff-Appellee,
v
No. 173465
LC No. 93-123382-FC
GERALD J. BAUER, JR.,
Defendant-Appellant.
Before: Michael J. Kelly, P.J., and Bandstra and S.B. Miller,* JJ.
BANDSTRA, J. (concurring in part and dissenting in part).
I dissent from the portion of the majority opinion that remands for resentencing because of
defendant's argument regarding Offense Variable 2. I conclude that, based on the Presentence
Investigation Report's statement that a medical examination verified physical injury to the victim's anal
region, testimony from the victim's mother that the victim was suffering with a lack of bowel control, and
the Presentence Investigation Report's statement attributable to a pediatrician that this kind of problem
"is not uncommon with an anal penetration," there was sufficient evidence to support the scoring of OV
2. People v Green, 152 Mich App 16, 18; 391 NW2d 507 (1986). Accordingly, I would affirm.
/s/ Richard A. Bandstra
* Circuit judge, sitting on the Court of Appeals by assignment.
-1
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
