PEOPLE OF MI V TONI M COX
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
February 17, 1998
Plaintiff-Appellee,
v
No. 201527
Oakland Circuit Court
LC Nos. 95-137384 FH
95-137385 FH
95-137386 FH
TONI M. COX,
Defendant-Appellant.
Before: Markey, P.J., and Doctoroff and Smolenski, JJ.
MEMORANDUM.
Defendant appeals by right her jury conviction, in lower court files covering three separate
incidents, of five counts of third-degree criminal sexual conduct, involving sexual penetration with a
person under the age of sixteen, MCL 750.520d(1)(a); MSA 28.788(4)(1)(a), and one count of
contributing to the delinquency of a minor, MCL 750.145; MSA 28.340. This appeal is being decided
without oral argument pursuant to MCR 7.214(E).
During the third of the three incidents, the prosecution’s evidence indicated that defendant
engaged in sexual activity not only with the same fourteen-year old victim involved in the prior two
incidents, but also with a group of additional males. There was no objection to evidence concerning the
sexual activity with other persons, but defendant now contends that admission of such evidence was in
violation of MRE 404(b). In the alternative, she contends that if the lack of objection results in waiver
of appellate review of this issue, her trial counsel was ineffective in failing to timely object.
Both arguments are without merit. The contested evidence was part of the res gestae of the
third incident and admissible as such without reference to “other acts” evidentiary principles. People v
Quimby, 134 Mich 625, 633; 96 NW 1061 (1903). Accordingly, objection would have been futile,
and trial counsel cannot be faulted for failing to interpose a meritless objection. People v Pickens, 446
Mich 298; 521 NW2d 797 (1994).
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Affirmed.
/s/ Jane E. Markey
/s/ Martin M. Doctoroff
/s/ Michael R. Smolenski
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