PEOPLE OF MI V THEODORE ROOSEVELT DORSETTE II
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
July 19, 1996
Plaintiff-Appellee,
v
No. 180601
LC No. 93-013902
THEODORE ROOSEVELT DORSETTE, II,
Defendant-Appellant.
Before: Neff, P.J., and Fitzgerald and C.A. Nelson,* JJ.
PER CURIAM.
Following a bench trial, defendant was convicted of third-degree criminal sexual conduct, MCL
750.520d; MSA 28.788(4). He was sentenced to twelve months in a work release program.
Defendant appeals as of right. We affirm.
On appeal, defendant contends that there was insufficient evidence to convict him of third
degree criminal sexual conduct. Defendant argues that the victim’s testimony was impeached and was
inconsistent. In addition, defendant contends that his testimony showed that the sex was consensual and
that his testimony was bolstered by other witnesses who indicated he had a character for truthfulness.
We disagree.
The third-degree criminal sexual conduct statute prohibits engaging in sexual penetration with
another person under certain circumstances, including where the penetration is accomplished by force or
coercion or where the actor knows the victim is physically helpless. People v Hutner, 209 Mich App
280, 283; 530 NW2d 174 (1995) Here, the testimony showed that a penetration occurred. People v
Hunt, 442 Mich 359, 364; 501 NW2d 151 (1993). In addition, the victim testified that physical force
was used as she was pulled off the couch and pinned under defendant's body weight with her face in the
couch.
With regard to defendant's argument that the victim’s testimony was inconsistent, the trial judge
stated that he did not believe defendant's version of the events and noted that the victim’s testimony was
* Circuit judge, sitting on the Court of Appeals by assignment.
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impeached in part. This Court should not interfere with the trier of facts’ role of determining the weight
of the evidence or the credibility of witnesses. People v Wolf, 440 Mich 508, 514; 489 NW2d 748
(1992). Accordingly, we find that there was sufficient evidence presented at trial to support defendant's
conviction of third-degree criminal sexual conduct.
Affirmed.
/s/ Janet T. Neff
/s/ E. Thomas Fitzgerald
/s/ Charles A. Nelson
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