People v. Ideis, Docket No. 46076
| Decision Date | 24 October 1980 |
| Docket Number | Docket No. 46076 |
| Parties | PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Jamel Mohammad IDEIS, Defendant-Appellant. 101 Mich.App. 179, 300 N.W.2d 489 |
| Court | Court of Appeal of Michigan — District of US |
Richard R. Nelson, Detroit, for defendant-appellant.
[101 MICHAPP 180] Frank J. Kelley, Atty. Gen., Robert A. Derengoski, Sol. Gen., William L. Cahalan, Pros. Atty., Edward Reilly Wilson, Chief Appellate Asst. Pros. Atty., Nels L. Olson, Asst. Pros. Atty., for plaintiff-appellee.
Before BASHARA, P. J., and KAUFMAN and MAHER, JJ.
The defendant, Jamel Mohammad Ideis, was charged with assault with intent to do [101 MICHAPP 181] great bodily harm less than murder in violation of M.C.L. § 750.84; M.S.A. § 28.279, and possession of a firearm in the commission of a felony in violation of M.C.L. § 750.227b; M.S.A. § 28.424(2). On June 11, 1979, the defendant pled guilty to the lesser included offense of felonious assault and the felony-firearm charge was dismissed. On June 26, 1979, the prosecutor asked that the trial court reinstate the felony-firearm charge in light of the Supreme Court decision declaring the felony-firearm statute constitutional. The trial court reinstated the charge and the defendant withdrew his guilty plea. On July 2, 1979, the defendant went to trial in Recorder's Court. On July 3, 1979, the defendant was convicted by a jury of the lesser included offense of felonious assault and of the felony-firearm offense. On July 3, 1979, the defendant received a suspended sentence for the felonious assault conviction and the mandatory 2 years for the felony-firearm conviction. The defendant appeals as a matter of right.
The defendant raises several issues on appeal, one of which requires reversal. The defendant contends that the court erred by failing to give a proper instruction on intent when instructing on the lesser included offense of felonious assault. We agree.
The trial court gave CJI 17:4:01, the recommended jury instruction on felonious assault. CJI 17:4:01 states:
The trial court also gave CJI 17:4:07, which states:
"The statute in question here forbids the purposeful pointing of a gun (revolver/pistol) at another in a threatening manner."
We realize that at the time of trial the trial judge did not have the benefit of the Supreme Court's decision in People v. Joeseype Johnson, 407 Mich. 196, 284 N.W.2d 718 (1979). In that case, the trial court refused the defendant's request to instruct the jury that the crime of felonious assault includes the specific intent to inflict an injury on another and instead instructed the jury that a felonious assault must be an "intentional assault". On appeal, the Supreme Court stated that the trial court's instruction constituted reversible error in that it failed to adequately inform the jury of the intent requirement. The Court held that the jury should have been instructed that there must be either an intent to injure or an intent to put the victim in reasonable fear or apprehension of a battery. People v. Joeseype Johnson, supra, at 210, 284 N.W.2d 718. In the case at bar, the instruction given by the trial court was incorrect under ...
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People v. McMaster, Docket No. 48528
...reverse defendant's conviction. See People v. Szymanski, 102 Mich.App. 745, 302 N.W.2d 316 (1981). See also People v. Ideis, 101 Mich.App. 179, 300 N.W.2d 489 (1980). In his concurring opinion in Johnson, Justice Ryan, joined by Justice Fitzgerald, stated that the decision in Johnson was a ......
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People v. Johnson
...Mich.App. 293, 302 N.W.2d 845 (1980); People v. Szymanski, 102 Mich.App. 745, 302 N.W.2d 316 (1981); People v. Ideis, 101 Mich.App. 179, 300 N.W.2d 489 (1980) (Bashara, P.J., dissenting ). See also, People v. Yarborough, 131 Mich.App. 579, 345 N.W.2d 650 (1983); People v. Norwood, 123 Mich.......
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People v. Slager
...circumstances." In both Starghill and Szymanski the issue of specific intent had been raised in the trial court. In People v. Ideis, 101 Mich.App. 179, 300 N.W.2d 489 (1980), and People v. Braddock, 106 Mich.App. 11, 307 N.W.2d 341 (1980), the issue of specific intent was not raised in the ......
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People v. Norwood
...In light of the need for a new trial, we will not address the question of Johnson's retroactivity, compare, e.g., People v. Ideis, 101 Mich.App. 179, 300 N.W.2d 489 (1980), lv. den. 411 Mich. 854 (1981), and People v. Starghill, 99 Mich.App. 790, 298 N.W.2d 641 (1980). We merely hold that o......