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No. 137755
| People of the State of Michigan, |
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Valerie M. Steer |
Plaintiff-Appellee, |
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(Appeal from Ct of Appeals) |
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(Wayne - Callahan, J.) |
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| George Walter Tennyson, |
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Julie E. Gilfix |
Defendant-Appellant. |
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| __________________________________________ |
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Background
On August 16, 2006, Detroit police executed a search warrant at George Tennyson’s home. They found Tennyson sitting on a bed in one of the home’s two bedrooms. When one officer lifted up the bed and looked underneath, he found a baggie of what he believed to be heroin on a plate with a razor blade and a coffee spoon. The officer would later testify that he believed the substance to be heroin, based on his experience and training with narcotics. Another officer testified similarly, estimating that the amount recovered was just over three grams, with a street value of about $700. A third officer performed a field test, which was positive for the presence of heroin. Police also found two loaded blue steel revolvers in the dresser drawer, along with a digital scale and bills sent to that address in Tennyson’s name. That bedroom contained both men’s and women’s clothing. The police found children’s clothing in the other bedroom. At the time of the raid, there was a woman on the front porch and a 10-year-old boy on the couch in the living room, who appeared scared and upset. The woman was Tennyson’s wife, Felisa Nevins, who was also ticketed for operating a place of illegal occupation; the boy was Tennyson’s son.
Tennyson was charged with possession of less than 25 grams of heroin, being a felon in possession of a firearm, felony firearm, and contributing to the delinquency of a minor. He was convicted as charged by a jury. The trial court sentenced Tennyson to one to five years in prison for felon in possession, consecutive to the mandatory two-year prison term for felony firearm. The court also imposed a term of five years’ probation for the drug possession and a suspended sentence of 45 days in jail for the misdemeanor of contributing to the neglect or delinquency of a minor. The court also told Tennyson that it would contact the Department of Human Services to begin proceedings to terminate Tennyson’s parental rights.
Tennyson appealed on various issues, including his conviction for contributing to the neglect or delinquency of a minor. Tennyson argued that there was no evidence that his son was abused, mistreated, or suffering in any way. But in an unpublished per curiam opinion, the Court of Appeals said that the prosecution was not “required to establish such factors. The intent of the [neglect or delinquency] statute [MCL 750.145] is to prevent individuals from acting in a manner that contributes to the delinquency of minors …. Here, defendant’s actions, at the very least, placed his son directly in a home where illegal activity was occurring.” Accordingly, “there was sufficient evidence for the jury to infer that defendant’s illegal activities could have subjected his son to the jurisdiction of the courts,” the appellate court said. The Court of Appeals affirmed Tennyson’s convictions. Tennyson appeals.
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