Sufficiency of the evidence; Embezzlement by an agent or employee; MCL 750.174; People v. Schrauben; People v. Lueth; Great weight of the evidence; People v. Unger; Sentencing; Scoring of OV 10; Exploitation of a vulnerable victim; MCL 777.40(1); “Predatory conduct”; MCL 777.40(1)(a) & (3)(a); People v. Huston; People v. Cannon

The court held that there was sufficient evidence to support defendant’s conviction of embezzlement by an agent or employee of $1,000 or more but less than $20,000, and that the trial court did not err by scoring 15 points for OV 10. He was sentenced as an habitual offender, fourth offense, to 32 to 60 months. On appeal, the court rejected his argument that the evidence was insufficient to support his conviction. It noted that his former boss’s testimony sufficiently supported a finding that defendant was an agent or employee of the company when he collected money from a client for the balance owed to the company for a job. Further, the evidence “did not preponderate so heavily against the verdict as to constitute a miscarriage of justice.” The court also rejected his claim that trial court erred by scoring 15 points for OV 10, concluding that a “preponderance of the evidence support[ed] the trial court’s finding of predatory conduct.” Affirmed.