Second-degree murder; MCL 750.317; Voluntary manslaughter instruction; Waiver; Sentencing; OV 5; MCL 777.35(1)(a) & (2); Serious psychological injury; People v Calloway; OV 19; MCL 777.49(c); Interference with administration of justice; Witness intimidation; Hearsay; Forfeiture by wrongdoing; MRE 804(b)(6); Unavailable witness; Preliminary exam testimony; Harmless error

The court held that defendant waived his challenge to the omitted voluntary-manslaughter instruction, that OVs 5 and 19 were properly scored, and that the trial court did not abuse its discretion by admitting witness-SB’s preliminary-exam testimony and recorded police interview under MRE 804(b)(6). Defendant was convicted of second-degree murder after witnesses saw a man known as “Moe” chase the victim before the victim was found stabbed, and after police found a knife, bleach odor, and possible blood evidence linked to defendant. On appeal, the court first held that the manslaughter-instruction issue was waived because defense counsel expressed satisfaction with the instructions, and “[w]aiver extinguishes any error.” The court next held that OV 5 was properly scored at 15 points because the victim’s mother and adoptive mother described devastating loss and emotional trauma, supporting that professional treatment “may be necessary.” It also held that OV 19 was properly scored at 10 points because defendant’s conduct after the stabbing, including cleaning with bleach, denying he left home, and telling SB he knew “who she was, knew what she had reported, and knew the color and make of her vehicle,” was designed to hinder the investigation and intimidate witnesses. Finally, the court held that forfeiture by wrongdoing applied because defendant or his associates engaged in wrongdoing intended to make SB unavailable, and the wrongdoing did so. Affirmed.