People v. Leggett, 022718 MICA, 335846

Docket Nº:335846
Opinion Judge:PER CURIAM.
Party Name:PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v. SEPTEMBER LEGGETT, Defendant-Appellant.
Judge Panel:Before: Cavanagh, P.J., and Hoekstra and Beckering, JJ.
Case Date:February 27, 2018
Court:Court of Appeals of Michigan

PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee,

v.

SEPTEMBER LEGGETT, Defendant-Appellant.

No. 335846

Court of Appeals of Michigan

February 27, 2018

UNPUBLISHED

Jackson Circuit Court LC No. 16-004003-FH

Before: Cavanagh, P.J., and Hoekstra and Beckering, JJ.

PER CURIAM.

Following a bench trial, defendant appeals as of right her conviction of felonious assault, MCL 750.82(1). The trial court sentenced defendant as a second-offense habitual offender, MCL 769.10, to 270 days in county jail and 30 months' probation. Because the evidence was sufficient to support defendant's conviction, we affirm.

Defendant's conviction stems from a physical confrontation between defendant and the victim on January 1, 2016. The victim and her husband owned a rental property, and defendant was staying with one of the tenants but was not herself a tenant. After several disputes with defendant, in an effort to remove defendant from the apartment, the victim sought a nondomestic personal protection order (PPO) and arranged to have a friend serve the PPO on defendant. The victim testified that while she was trying to convince defendant to open the door of the apartment, defendant slammed down a window, trying to catch the victim's fingers and shattering the glass. Defendant then left the apartment and headed toward a party store. The victim followed defendant, yelling curse words at defendant and telling defendant that she needed to take responsibility for the broken window and stay at the apartment until the police arrived. In response, defendant told the victim to get out of her face, stating "I'll kill you, I'll stab you." Defendant punched the victim three times in the face, and the victim responded by hitting defendant a couple of times. Defendant then reached inside her coat and took something out. Once she had the object in her hand, defendant pulled her hand back before moving it forward to strike the victim in the face. Although the victim did not see what defendant was holding, she testified that she suffered a "stab wound."

At trial, defendant testified that the victim was the aggressor. Defendant testified that the victim followed her and pushed her down. According to defendant, there was a "struggle" in which she acted in self-defense in an effort to get away from the victim. But, she denied hitting the victim, and she specifically denied hitting the victim in the face. The trial court found defendant guilty of felonious assault. Defendant now appeals as of right.

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