PEOPLE v. REEVES

Docket No. 185225.

564 N.W.2d 476 (1997)

222 Mich. App. 32

PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Fred Daniel REEVES, Defendant-Appellant.

Court of Appeals of Michigan.

Decided February 25, 1997, at 9:20 a.m.

Released for Publication May 15, 1997.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, John D. O'Hair, Prosecuting Attorney, Timothy A. Baughman, Chief of Research, Training, and Appeals, and Jeffrey Caminsky, Assistant Prosecuting Attorney, for People.

Paul G. Staten, Detroit, for defendant-appellant on appeal.

Before TAYLOR, P.J., and MARKMAN and P.J. CLULO, JJ.


MARKMAN, Judge.

Defendant appeals as of right from his bench trial conviction of assault with intent to rob while unarmed (AWIR-U), M.C.L. § 750.88; M.S.A. § 28.283. We vacate defendant's conviction of AWIR-U and remand for determination if sufficient evidence was presented to convict defendant of a lesser included offense and, if so, for entry of a judgment of conviction of such charge and for resentencing.

Complainant Brown, a truckdriver, testified...

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