People v. Warren, Docket No. 125104
| Court | Court of Appeal of Michigan (US) |
| Writing for the Court | HOLBROOK |
| Citation | 200 Mich.App. 586,504 N.W.2d 907 |
| Parties | PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Gerald Eugene WARREN, Defendant-Appellant. (After Remand) |
| Docket Number | Docket No. 125104 |
| Decision Date | 19 July 1993 |
Page 907
v.
Gerald Eugene WARREN, Defendant-Appellant. (After Remand)
Decided July 19, 1993, at 9:00 a.m.
Released for Publication Sept. 23, 1993.
Page 908
[200 Mich.App. 587] Frank J. Kelley, Atty. Gen., Thomas L. Casey, Sol. Gen., John D. O'Hair, Pros. Atty., Timothy A. Baughman, Chief of Research, Training, and Appeals, and Rita H. Lewis, Asst. Pros. Atty., for the People.
State Appellate Defender by Fred E. Bell, for defendant-appellant.
Gerald E. Warren, in pro. per.
Before HOLBROOK, P.J., and RICHARD ALLEN GRIFFIN and REILLY, JJ.
HOLBROOK, Presiding Judge.
This appeal results from the defendant's second trial on charges arising from a robbery. Originally, a jury convicted the defendant of two counts of assault with intent to murder, M.C.L. § 750.83; M.S.A. § 28.278, one count of breaking and entering with intent to commit a felony, M.C.L. § 750.110; M.S.A. § 28.305, and two counts of assault with intent to rob while unarmed, M.C.L. § 750.88; M.S.A. § 28.283. In an unpublished opinion per curiam, decided March 24, 1989 (Docket No. 103743), this Court reversed the convictions of assault with intent to murder and remanded the case for further proceedings. A jury subsequently found the [200 Mich.App. 588] defendant guilty of two counts of assault with intent to murder. The trial court sentenced the defendant to concurrent prison terms of twenty-five to fifty years. Defendant appeals as of right from this judgment. We affirm.
Defendant first argues that the trial court erred in denying his motion for a directed verdict, because the prosecution presented insufficient evidence concerning the specific intent to kill.
When ruling on a motion for a directed verdict, the trial court must consider the evidence presented in the light most favorable to the prosecution to determine whether a rational trier of fact could have found that the essential elements of the crime were proven beyond a reasonable doubt. People v. Schollaert, 194 Mich.App. 158, 169-170, 486 N.W.2d 312 (1992). This Court applies the same standard when reviewing a ruling on such a motion. People v. Daniels, 192 Mich.App. 658, 665, 482 N.W.2d 176 (1992).
The elements of the crime of assault with intent to murder are (1) an assault, (2) with an actual intent to kill, (3) which, if successful, would make the killing murder. People v. Lawton, 196 Mich.App. 341, 350, 492 N.W.2d 810 (1992). Circumstantial evidence and reasonable inferences arising from the evidence may constitute satisfactory proof of the elements of the offense. Id. The intent to kill may be proven by inference from any facts in evidence. Id.
After reviewing the record, we conclude that the prosecution presented sufficient evidence concerning the intent to kill. In a light most favorable to the prosecution, the evidence shows that the defendant's accomplice bound the two complainants, Janina Pomaska and Peter Bosyk,
Page 909
with duct tape. The tape covered their noses and mouths. Both [200 Mich.App. 589] complainants testified that one of the men struck them. When the police arrived at the scene moments later, the complainants were bleeding, appeared to have been beaten, and were blue or purple in their faces. Pomaska's name and address appeared in a notebook found in the defendant's home. The police found at the crime scene a bag containing a screwdriver, wire cutters, plastic ties, handcuffs, and duct tape. Defendant admitted that he brought this bag into the complainants' house, but denied that duct tape was in the bag. After considering these facts, we find no error in submitting the charges of assault with intent to murder to the jury.Defendant next argues that the prosecutor's closing argument was improper and denied him due process of law and a fair trial. However, because the defendant failed to object to these comments at trial, appellate review is precluded unless any prejudicial effect could not have been cured by a cautionary instruction and failure to consider the issue would result in a miscarriage of justice. People v. Crawford, 187 Mich.App. 344, 354, 467 N.W.2d 818 (1991).
We find that the...
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People v. Abraham, Docket No. 212099.
...921 (1995). "The intent to kill may be proven by inference from any facts in evidence." People 599 N.W.2d 746 v. Warren (After Remand), 200 Mich.App. 586, 588, 504 N.W.2d 907 (1993). A person may have that state of mind without directing it at any particular victim. People v. Lawton, 196 Mi......
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