O People of Michigan v. Cesar Alexander Echegoyen

If this opinion indicates that it is “FOR PUBLICATION,” it is subject to revision until final publication in the Michigan Appeals Reports. STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, UNPUBLISHED September 15, 2022 Plaintiff-Appellee, v No. 349301 Oakland Circuit Court CESAR ALEXANDER ECHEGOYEN, LC No. 2018-268800-FH Defendant-Appellant. ON REMAND Before: REDFORD, P.J., and BORRELLO and CAMERON, JJ.1 PER CURIAM. This case returns to this Court on remand from our Supreme Court. The matter was submitted to this panel which earlier denied the appeal as moot. People v Echegoyen, unpublished per curiam opinion of the Court of Appeals, issued June 17, 2021 (Docket No. 349301). Defendant appealed to our Supreme Court and after his counsel told our Supreme Court that he had, in fact, been in contact with his client, the matter was sent back to us for plenary review. People v Echegoyen, ___ Mich ___; 970 NW2d 342 (2022). We discern no errors in the jury trial conviction of defendant and therefore, for the reasons set forth in this opinion, we affirm. As indicated in our earlier opinion in this matter, this case arises out of defendant entering a dwelling without permission on October 7, 2018, at 67 South Shirley in Pontiac, Michigan, where Maria Chacon has lived since 2014. Defendant and Chacon were romantically involved from 2016 to 2018, but in March or June of 2018, Chacon and defendant broke up and defendant moved out. Defendant returned his key to Chacon and picked up some of his belongings from her house. Defendant appeared uninvited at Chacon’s house in the evening on October 7, 2018, by pounding on the three doors that led into Chacon’s house, and by pounding on the windows. When Esteban Morales, Chacon’s husband, heard defendant pounding on the doors and windows, he told Chacon 1 By blind draw, Judge Cameron replaced Judge Tukel. -1- to call the police before he went into hiding somewhere on the second floor of Chacon’s house. Morales did so because of a threatening phone call that he answered prior to defendant arriving at the house where defendant said he was going to beat up Morales. Chacon immediately called 911.2 Defendant started walking to his van when Chacon momentarily opened the front door to tell him that the police were on their way so he should leave. When defendant saw Chacon open the front door, he ran back towards it and pushed his way into Chacon’s home. When defendant found Morales, defendant struck him in the face and on the head. Morales sustained injuries to his forehead, eyes, nose, back, and shoulders; defendant caused all of Morales’s injuries. After a three-day jury trial, the jury found defendant guilty of first-degree home invasion but acquitted him of domestic violence and assault and battery. The trial court subsequently sentenced defendant to 16 months to 20 years’ imprisonment. Following defendant’s conviction and sentence in the Oakland Circuit Court, a federal grand jury indicted defendant for the felony of unlawful entry …

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