People v. Kim

Defendant was convicted by a jury of conspiracy to kidnap, contrary to MCL 750.157a; MSA 28.354(1), kidnapping, contrary to MCL 750.349; MSA 28.581, and felony-firearm, contrary to MCL 750.227b; MSA 28.424(2). Thereafter sentenced to concurrent prison terms of 6 months to 20 years on the kidnapping counts and 2 years on the felony-firearm count, defendant appeals as of right.

At trial, Kim Kelly, a res gestae witness, was not produced by the prosecution. As a result, a Pearson hearing was conducted to determine whether due diligence had been used to produce said witness. Sargeant Havner, the…