Marquette man appeals child porn sentence
MARQUETTE — Edward J. Charboneau, 54, from Marquette, appealed his sentencing of 10 to 20 years imprisonment for child pornography charges which resulted in no effect to his convictions or sentences.
Charboneau was charged with 32 counts of child sexually abusive activity, 32 corresponding counts of using a computer to commit a crime, two counts of aggravated possession of child sexually abusive material and two corresponding counts of using a computer to commit a crime.
He appealed these sentences by right, arguing that “his constitutional right to a fair trial was violated when the trial court did not allow defense counsel to present certain demonstrative evidence at trial,” as written in the State of Michigan Court of Appeals decision by Stephen L. Borrello, Noah P. Hood and Adrienne N. Young.
The defendant also contended that the trial court incorrectly accessed 10 points for offense variable 4, which is part of Michigan’s sentencing guidelines that measure the psychological injury caused to a victim of a crime, because there was no victim testimony regarding any psychological injury.
The court of appeal’s decision affirmed Charboneau’s convictions and sentences but agreed with Charboneau’s appeal that the trial court erred in assigning 10 points for OV 4; the court of appeals ordered that the presentence investigation report be corrected to reflect zero points for OV 4.