The State of Michigan Court of Appeals has upheld the conviction of an Upper Michigan man convicted of two counts of third-degree criminal sexual assault.
Danny Kent was sentenced as a third habitual offender to concurrent terms of seven to seventeen years in prison. Kent, 41-years old at the time, had a sexual relationship with a 14-year old neighbor.
According to the appeals court, Kent made an appeal claiming that the prosecution failed to provide him with its witness list at least 30 days before trial. While this was true, the defendant's representation had indicated that Kent would likely accept an offer to plead guilty to reduced charges, but then declined to do so two weeks before the trial.
At this time, the prosection filed their lists of witnesses and exhibits. The defendant moved to exclude the witnesses and exhibit, but the trial court denied the defendant's motion. The appeals court found that the trial court did not clearly err in this decision.
The appeals court decision, found here , discusses this issue in full.