PEOPLE OF MI V MARCOS ANTHONY FLORES, JR.
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
February 8, 2002
Plaintiff-Appellee,
v
MARCOS ANTHONY FLORES, JR.,
No. 226949
Oakland Circuit Court
LC No. 99-165057-FH
Defendant-Appellant.
Before: Sawyer, P.J., and O’Connell and Zahra, JJ.
MEMORANDUM.
Defendant appeals as of right from a jury conviction of possession with intent to deliver
more than fifty but less than 225 grams of cocaine, MCL 333.7401(2)(a)(iii), second or
subsequent offense, MCL 333.7413, for which he was sentenced as an habitual offender, fourth
offense, MCL 769.12, to ten to twenty years’ imprisonment. We affirm. This appeal is being
decided without oral argument pursuant to MCR 7.214(E).
During deliberations, the jury sent out several notes regarding intent to deliver in relation
to the amount of the controlled substance involved. Rather than respond to the jury’s questions
directly, the court reread certain instructions. Defendant’s sole claim on appeal is that the trial
court erred in refusing to answer the questions directly in the manner he advocated. A review of
the record shows that while defense counsel did express an opinion regarding how the questions
should be answered, he approved the court’s decision to reread certain instructions to the jury.
This operated as a waiver that extinguished any error. People v Carter, 462 Mich 206, 216; 612
NW2d 144 (2000).
Affirmed.
/s/ David H. Sawyer
/s/ Peter D. O’Connell
/s/ Brian K. Zahra
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