PEOPLE OF MI V DARREN WADE
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
December 23, 1997
Plaintiff-Appellee,
v
No. 195993
Recorder’s Court
LC No. 94-010027
DARREN WADE,
Defendant-Appellant.
Before: McDonald, P.J., and Wahls and J. R. Weber*, JJ.
MEMORANDUM.
Defendant appeals as of right from his bench trial conviction of second degree murder. MCL
750.317; MSA 28.549. He first contends that the trial court erred in finding that his statement to
police, provided after arrest, was admissible. In reviewing such a question, this Court must accept the
trial court’s findings of fact unless they are clearly erroneous. People v Brannon, 194 Mich App 121,
131; 486 NW2d 83 (1992). Here, the trial court found that defendant’s testimony was not credible
and that, before defendant provided a statement, he was given proper Miranda warnings and he was
not mistreated in any way. The trial court also found that the sixteen-hour delay between defendant’s
arrest and his statement was not an attempt to extort a confession nor did it represent an unreasonable
delay in arraigning defendant before a magistrate. These findings were based on conflicting evidence
and the trial court was required to assess the credibility of opposing witnesses. The trial court was in
the best position to make such an assessment. People v Williams, 171 Mich App 234, 237; 429
NW2d 649 (1988). Under these circumstances, the trial court’s findings are not clearly erroneous.
Based on the trial court’s findings of fact, the totality of the circumstances surrounding the making of the
confession indicate that it was freely and voluntarily made. People v Cipriano, 431 Mich 315, 334;
429 NW2d 781 (1988).
Defendant’s remaining argument is that the trial court erred in asserting that it would give no
heed to the sentencing guidelines in determining his punishment. However, defendant’s sentence is
within the guidelines’ range and is presumptively proportionate. People v Broden, 428 Mich 343, 354
* Circuit judge, sitting on the Court of Appeals by assignment.
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355; 408 NW2d 789 (1987). Defendant has failed to present sufficient evidence to overcome this
presumption. People v Price, 214 Mich App 538, 548; 543 NW2d 49 (1995).
Affirmed.
/s/ Gary R. McDonald
/s/ Myron H. Wahls
/s/ John R. Weber
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