Sufficiency of the evidence; CSC III; Force or coercion; Judgment of sentence (JOS)

The court held that there was sufficient evidence defendant-Barber “used force to sexually penetrate the victim beyond a reasonable doubt to sustain his” CSC III conviction. As such, his due-process rights were not violated. Thus, it affirmed his conviction and sentence and remanded for the trial court to make a ministerial correction to his JOS. He was convicted of CSC III. He was sentenced as a second-offense habitual offender to an upward departure sentence of 10 to 22 1/2 years. Barber’s claim “that there was insufficient evidence to establish force or coercion beyond a reasonable doubt” lacked merit. “The victim testified that she fell asleep on [his] bed while they were watching television and drinking. The next thing she remembered was waking up with her pants and underwear pulled down and Barber on top of her penetrating her vagina with his penis. The victim testified that she tried pushing Barber’s body and arms away from her, telling him repeatedly ‘no’ and ‘stop.’ The victim explained how difficult it was pushing Barber away while he penetrated her, and how she struggled for ‘about a minute or less’ before she freed herself.” This testimony demonstrated “Barber used physical force to penetrate the victim. And while Barber took the stand and testified that their sexual encounter was consensual, ‘a victim’s testimony may be sufficient to support’ the elements of a crime ‘and need not be corroborated.’” Further the court noted that, “[t]he testimony of a victim need not be corroborated in prosecutions under [MCL 750.]520b to 520g.” As to Barber’s claim “that the victim’s testimony was neither specific nor credible, ‘witness credibility is a question for the fact-finder, and this Court does not interfere with the fact finder’s role.’”