IRON MOUNTAIN — The Michigan Court of Appeals has upheld the conviction and sentencing of a Quinnesec man found guilty of first-degree criminal sexual conduct in Dickinson County Circuit Court.

Adam K. Tolen was sentenced to 25 to 45 years in prison on one count first-degree CSC, two counts of second-degree CSC and one count of fourth-degree CSC. The charges stemmed from a complaint filed in 2021, the most serious of which involved sexual penetration of a victim under 13 years of age. The last incident of sexual abuse occurred when the victim was 16 years old, according to the complaint.

On appeal, Tolen argued he was denied effective assistance of counsel because his attorney failed to object to the admission of hearsay testimony and witness vouching testimony. He also claimed his mandatory minimum sentence of 25 years was disproportionate and cruel and unusual.

The appeals court affirmed both the convictions and sentence in the case heard by Judge Christopher Ninomiya.

The hearsay objection involved testimony from a boyfriend of the victim on a conversation about the alleged abuse. The appeals court found the testimony was admissible and Tolen’s counsel raised sufficient concerns about it.

The vouching argument stemmed from testimony from a forensic interviewer employed by the Caring House Child Advocacy Center. The appeals court said the testimony was limited to providing general information about the forensic interview process and its purpose. Because the witness did not vouch for the victim’s credibility, trial counsel was not ineffective for failing to raise an objection, the court said.

On the question of sentencing, the court said Tolen’s lack of a criminal history was insufficient to overcome the presumption that his legislatively mandated sentence was proportional.

The appeal was heard by judges Allie Maldonado, Kirsten Kelly and James Redford.