Court of Appeals affirms CSC sentencing

by Peter Jakey-Managing Editor

The Michigan Court of Appeals upheld the Presque Isle County Circuit Court sentencing of a man who sexually assaulted a female victim under the age of 13.

Scott Gagnon, 44, was convicted of two counts of criminal sexual conduct first degree and sentenced to 18 to 30 years in prison.

The offenses occurred in Onaway between July 1999, when the victim was between the ages of seven and 10, and August 2005. He had a mailing address of Cheboygan at the time of sentencing, April 23, 2012.

Gagnon argued that the trial court erred in scoring an offense variable.

Courts use offense variables (OV) on the sentencing report in determining the sentence. OV 4 on the sentencing report was scored at 10, because it was believed that the victim suffered serious psychological injury requiring professional treatment.

“The record reflects that, at sentencing, the prosecutor submitted a receipt for counseling services and he informed the court, that two days before sentencing, the victim began another series of counselings with Catholic Human Services,” the Court of Appeals ruling states. “In light of this evidence, as well as (the defendant’s) systematic, repeated abuse of the child…the trial court correctly determined that (Gagnon) caused the victim serious psychological injury requiring professional treatment.”

The victim testified that the incidents “bugged” her and caused “bad nightmares.”

<p>Gagnon’s convictions stem from two incidents that took place at the defendant’s apartment. On one occasion, the incident was witnessed by the Gagnon’s girlfriend. Gagnon threatened the victim that she would “get in trouble” if she told anyone about the abuse.

Gagnon also argued that his trial counsel was ineffective for failing to object to the scoring of OV 4 at sentencing.

“Because the trial court properly scored OV 4 at 10 points, an objection by trial counsel would been futile, and counsel is not ineffective for failing to raise meritless or futile objections,” the ruling states.

Overseeing the appeal were Cynthia Diane Stephens, Joel P. Hoekstra and Amy Ronayne Krause. Gagnon is incarcerated at the Earnest C. Brooks Correctional Facility near Muskegon. His earliest release date is July 22, 2030.