PEOPLE OF MI V MARVIN LEE HENTZ
Annotate this Case
Download PDF
STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
December 30, 2008
Plaintiff-Appellee,
v
No. 281568
Mecosta Circuit Court
LC No. 06-005813-FH
MARVIN LEE HENTZ,
Defendant-Appellant.
Before: Cavanagh, P.J., and Jansen and Meter, JJ.
PER CURIAM.
Defendant appeals as of right from his jury convictions of possession of 50 grams or
more but less than 450 grams of cocaine, MCL 333.7401(2)(a)(iii); possession of a firearm
during the commission of a felony (felony-firearm), MCL 750.227(b); and possession of
marijuana, MCL 333.7403(2)(d). The trial court sentenced defendant to serve concurrent terms
of five to 20 years for possession with intent to deliver cocaine and 11 months for possession of
marijuana, and to a consecutive two-year term for felony-firearm. We affirm. This appeal has
been decided without oral argument pursuant to MCR 7.214(E).
Defendant’s sole argument on appeal is that he was denied the effective assistance of
counsel because counsel failed to object with specificity to the admission of two particular
exhibits. We disagree.
The questioned exhibits were transcripts from two separate family court proceedings
involving the termination of parental rights. One proceeding involved the parental rights of
defendant and a witness at trial, while the other proceeding involved the witness but not
defendant. Both proceedings resulted in the termination of parental rights. None of the parents
appeared at the proceedings, even though they had been served with notice.
The prosecution offered the exhibits to show flight, arguing that the reason the witness
and defendant did not appear to protect their parental rights was that they were in hiding and had
fled the state to avoid arrest. The context of the record indicates that the prosecutor moved to
admit the exhibits during an off-the-record conference with the trial court. When the trial court
went back on the record, defense counsel immediately asked the court to give a legal basis for
admitting the exhibits into evidence. After the trial court listed several reasons for the
admission, defense counsel asked for a standing objection. The trial court noted defense
counsel’s objection, and admitted the exhibits into evidence.
-1-
Defendant relies on People v Aldrich, 246 Mich App 101; 631 NW2d 67 (2001), to argue
that it is necessarily ineffective assistance of counsel to make only a general, standing objection
rather than a specific objection.1 We disagree.
To demonstrate ineffective assistance of counsel, a defendant must show that defense
counsel’s performance at trial “fell below an objective standard of reasonableness,” and that the
error was so prejudicial that it effectively denied the defendant a fair trial. People v Toma, 462
Mich 281, 302; 613 NW2d 694 (2000). The defendant must overcome the strong presumption
that defense counsel’s conduct was based on sound trial strategy, id., and must also show that,
but for defense counsel’s errors, there is a reasonable probability that the result of the
proceedings would have been different. Id. at 302-303.
Defendant’s reliance on Aldrich for his claim of ineffective assistance of counsel is
misplaced. A close reading of Aldrich reveals that this Court relied on MRE 103(a)(1) when
discussing specific objections. Aldrich, supra at 113. MRE 103 states in pertinent part:
(a) Effect of erroneous ruling. Error may not be predicated upon a ruling which
admits or excludes evidence unless a substantial right of the party is affected, and
(1) Objection. In case the ruling is one admitting evidence, a timely objection or
motion to strike appears of record, stating the specific ground of objection, if the specific
ground was not apparent from the context[.]
When MRE 103 is read in conjunction with Aldrich, it becomes apparent that there are
two ways in which counsel can preserve an evidentiary issue for appeal. First, counsel can make
“a timely objection or motion to strike” on the record, “stating the specific ground of
objection[.]” MRE 103. The second way is where a timely objection is made off the record, but
“the specific ground” for the objection is “apparent from the context” of the record. Id. Here,
defense counsel’s objection falls within the latter category.
The trial court listed several grounds for the admission of the questioned exhibits. Those
reasons put defense counsel’s off-record objections into context. For example, the fact that the
trial court cited the hearsay exception found in MRE 803(23) as authority for admitting the
exhibits leads to the conclusion that defense counsel must have made a specific off-record
objection to the exhibits as being inadmissible hearsay. This means that under MRE 103(a)(1),
defense counsel properly preserved the issue of whether Exhibits 68 and 69 were inadmissible
hearsay because “the specific ground” for the objection is “apparent from the context” of the
record. MRE 103.
Since defense counsel properly preserved the issue of the admissibility of the exhibits,
defendant’s argument that defense counsel was ineffective must fail. Defendant has not met the
burden of showing that defense counsel’s actions were objectively unreasonable and amounted to
1
Aldrich, supra at 113 (“To preserve an evidentiary issue for review, a party opposing the
admission of evidence must object at trial and specify the same ground for objection that it
asserts on appeal.”).
-2-
unsound trial strategy. See Toma, supra at 302-303 (To prevail on a claim of ineffective
assistance of counsel, defendant must show that defense counsel’s performance at trial “fell
below an objective standard of reasonableness” and must also overcome the strong presumption
that defense counsel’s conduct was based on sound trial strategy.). Moreover, because defendant
has failed to show that defense counsel’s performance was deficient, this Court need not address
the issue of whether defense counsel’s errors were prejudicial. See Strickland v Washington, 466
US 668, 694-695; 104 S Ct 2052; 80 L Ed 2d 674 (1984).
Affirmed.
/s/ Mark J. Cavanagh
/s/ Kathleen Jansen
/s/ Patrick M. Meter
-3-
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.