People v. Frost

• Decision Date: 13 December 1985
• Docket Number: Docket Nos. 81629,81858
• Citation: 384 N.W.2d 790,148 Mich.App. 773
• Parties: PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Barry Dwayne FROST, Defendant-Appellant. PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Louis DRAIN, Defendant-Appellant. 148 Mich.App. 773, 384 N.W.2d 790
• Court: Court of Appeal of Michigan — District of US

Page 790

384 N.W.2d 790

PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Barry Dwayne FROST, Defendant-Appellant.

PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Louis DRAIN, Defendant-Appellant.

Docket Nos. 81629, 81858.

148 Mich.App. 773, 384 N.W.2d 790

Court of Appeals of Michigan.

Submitted Oct. 9, 1985.

Decided Dec. 13, 1985.

[148 MICHAPP 774] Frank J. Kelley, Atty. Gen., Louis J. Caruso, Sol. Gen., John D. O'Hair, Pros. Atty., Timothy A. Baughman, Deputy Chief, Civil and Appeals, and Curtis W. Smith, Asst. Pros. Atty., for people.

Norman R. Robiner, Detroit, for Frost.

Gerald M. Lorence, Detroit, for Drain.

Before MAHER, P.J., and WAHLS and HOOD, JJ.

PER CURIAM.

Defendants were convicted following a bench trial of attempted breaking and entering of an occupied dwelling with the intent to commit larceny, M.C.L. Sec. 750.110; M.S.A. Sec. 28.305 and M.C.L. Sec. 750.92; M.S.A. Sec. 28.287. Each defendant was sentenced to three years probation, with the first [148 MICHAPP 775] year to be served in the Detroit House of Correction, each appealed as of right, and the cases were consolidated on appeal.

Defendant Frost alleges that the trial court's findings on the element of intent to commit larceny were insufficient to allow meaningful appellate review, and both defendants allege that there was insufficient evidence to support the trial court's finding that defendants attempted to break and enter with intent to commit larceny. Our disposition of the latter issue makes any discussion of the specificity of the trial court's findings unnecessary.

The complainant testified that he left his home in the morning, that he locked his windows and doors and that the doors were secured with deadbolt locks and a "fox police lock". He also indicated that he gave no one permission to enter his premises and that when he returned in the evening there was extensive evidence that someone had attempted to break into his home. The arresting officers testified that at about noon of the day in question they observed the defendants standing between the screen and front door on the front porch of the complainant's home. They indicated that, when the defendants looked in the direction of the officers' scout car, they jumped off the porch and fled and that a pursuit ensued. The officers chased and apprehended the defendants, after which a return to complainant's home revealed unmistakable evidence that an attempt had been made to break into the premises. Though the door lock held, the door was loose and there was fresh debris, including wood chips, lying on the ground near the lock. There were also tennis shoe prints on the door as though someone had kicked at the door in an attempt to force it open. Both defendants were wearing tennis shoes when apprehended. [148 MICHAPP 776] After hearing all the evidence, the trial court held that "the people have proven the elements, there was an attempt to break in and enter the premises * * * and they had the intent to commit the crime of larceny".

The standard of review for sufficiency of the evidence is whether, when the evidence is viewed in the light most favorable to the prosecution, a rational finder of fact could find that the essential elements of the crime had been proven beyond a reasonable doubt. People v. Petrella, 424 Mich. 221, 380 N.W.2d 11 (1985).

Defendants were convicted of attempted breaking and entering with the intent to commit larceny. The essential elements of an attempt are: (1) an intent to do an act or bring about certain consequences which in law would amount to a crime, and (2) an act in furtherance of that intent which goes beyond mere preparation. People v. Adams, 416 Mich. 53, 58 fn. 5, 330 N.W.2d 634 (1982). The essential elements of the underlying offense are: (1) the breaking of an occupied dwelling; (2) an entering of...