People v. Abramski

Decision Date10 June 2003
Docket NumberDocket No. 237810.
PartiesPEOPLE of the State of Michigan, Plaintiff-Appellee, v. James Everette ABRAMSKI, Defendant-Appellant.
CourtCourt of Appeal of Michigan — District of US

665 N.W.2d 501
257 Mich.
App. 71

PEOPLE of the State of Michigan, Plaintiff-Appellee,
v.
James Everette ABRAMSKI, Defendant-Appellant

Docket No. 237810.

Court of Appeals of Michigan.

Submitted June 3, 2003, at Lansing.

Decided June 10, 2003, at 9:15 a.m.

Released for Publication July 23, 2003.


665 N.W.2d 502
Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, David L. Morse, Prosecuting Attorney, and William D. McCririe, III, Senior Trial Attorney, for the people

State Appellate Defender Office (by Susan J. Smith), Detroit, for the defendant.

Before FITZGERALD, P.J., and HOEKSTRA and O'CONNELL, JJ.

PER CURIAM.

Following a jury trial, defendant was convicted of fleeing and eluding a police officer, M.C.L. § 750.479a(3); resisting an officer in the discharge of his duties, M.C.L. § 750.479; driving with a suspended license, M.C.L. § 257.904(1); and operating a motor vehicle while under the influence of intoxicating liquor, M.C.L. § 257.625(1)(a). He was sentenced to prison terms of forty to sixty months for fleeing and eluding a police officer, one to two years for resisting an officer, one year for driving with a suspended license, and ninety-three days for operating a motor vehicle under the influence of liquor. Defendant appeals as of right. We affirm.

Defendant first argues that the trial court erroneously ruled that fleeing and eluding a police officer is a general-intent crime, which prevented defendant from obtaining an instruction on the defense of voluntary intoxication. Whether fleeing and eluding a police officer is a general-intent or a specific-intent crime is a question of law that we review de novo. People v. Henry, 239 Mich.App. 140, 143, 607 N.W.2d 767 (1999).

"`Specific intent is defined as a particular criminal intent beyond the act done, whereas general intent is merely the

665 N.W.2d 503
intent to perform the physical act itself.'" Id. at 144, 607 N.W.2d 767, quoting People v. Lardie, 452 Mich. 231, 240, 551 N.W.2d 656 (1996). "A general intent crime only requires proof that the defendant purposefully or voluntarily performed the wrongful act." Id.

The statute proscribing fleeing and eluding states that a driver "shall not willfully fail to obey" the direction of a police officer. MCL 750.479a(1). "The word `willfulness' has been called a `word of many meanings, depending upon the context in which it is used.'" People v. Culp, 108 Mich.App. 452, 456, 310 N.W.2d 421 (1981), quoting People v. Cook, 89 Mich.App. 72, 85, 279 N.W.2d 579 (1979). Use of the term "knowingly" or "willfully" in a statute does not mean that a crime requires specific intent. See People v. DeLong, 128 Mich.App. 1, 3, 339 N.W.2d 659 (1983).

"[W]here the knowledge element of an...

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  • People v. Portellos
    • United States
    • Court of Appeal of Michigan — District of US
    • November 13, 2012
    ...269, 666 N.W.2d 231. 47.MCL 769.34. 48.MCL 769.34(3); Babcock, 469 Mich. at 257, 272, 666 N.W.2d 231 (citation and quotation marks omitted). 49.People v. Abramski, 257 Mich.App. 71, 74, 665 N.W.2d 501 (2003). 50.Smith, 482 Mich. at 300, 754 N.W.2d 284. 51.Id. at 304, 754 N.W.2d 284. 52.Id. ......
  • People v. Smith
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    • Michigan Supreme Court
    • July 31, 2008
    ...of the incident." We conclude that the articulated reasons for the departure were objective and verifiable. [People v.] Abramski, [257 Mich.App. 71, 74, 665 N.W.2d 501 (2003)]. It is objective and verifiable that defendant served as child care provider for nine years. The lower court record......
  • People v. Petri
    • United States
    • Court of Appeal of Michigan — District of US
    • May 15, 2008
    ...actions and occurrences external to the minds of those involved in the decision and capable of being confirmed, People v. Abramski, 257 Mich.App. 71, 74, 665 N.W.2d 501 (2003)—did not preclude the court from drawing inferences about defendant's behavior from objective evidence. For instance......
  • People v. Geno
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    • Court of Appeal of Michigan — District of US
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    ...minds of the judge, defendant, and others involved in making the decision, and are capable of being confirmed. People v. Abramski, 257 Mich.App. 71, 74, 665 N.W.2d 501 (2003). Though the trial court's statements on the record mention the future risk that defendant poses to small children, w......
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