State of Michigan v KENNETH SLANEC
No. 234047
Michigan Court of Appeals
December 13, 2002, Decided
Unpublished
Prior case history: Wayne Circuit Court LC. No. 00-004289-01.
Before: Owens, P.J., and Murphy and Cavanagh, JJ.
OPINION
MEMORANDUM.
Defendant appeals as of right his jury conviction for OUIL, third offense, MCL 257.625, and driving with a suspended license, MCL 257.904. We affirm. This appeal is being decided without oral argument pursuant to MCR 7.214(E).
On appeal, defendant argues that he was denied the effective assistance of counsel who elicited damaging testimony as to his blood alcohol level, and admitted that defendant's testimony that he only had one beer was not credible.
A successful claim of ineffective assistance of counsel requires a defendant to "show that counsel's performance was deficient and that there is a reasonable probability that, but for the deficiency, the factfinder would not have convicted the defendant." People v Snider, 239 Mich App 393, 423-424; 608 NW2d 502 (2000).
Counsel's actions were part of a reasonable trial strategy of bringing the officers' actions into question. Counsel had no evidence that would allow him to effectively challenge the blood alcohol tests. Instead, counsel elected to emphasize defendant's condition to show that the officers manufactured the crime by allowing an obviously intoxicated person to stay in his car away from home with the keys in the ignition. This Court will not substitute its judgment for that of trial counsel regarding matters of trial strategy, even if the strategy backfired. People v Rodgers, 248 Mich App 702, 715; 645 NW2d 294 (2001). There is no showing that defendant would have been acquitted but for counsel's actions. Affirmed.
/s/ Donald S. Owens /s/ William B. Murphy /s/ Mark J. Cavanagh