PEOPLE OF MI V MARTONIO DISMUKE
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S T A T E O F M I C H I G A N
C O U R T O F A P P E A L S
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
March 28, 1997
Plaintiff-Appellee,
v
No. 183733
Recorder's Court
LC No. 94-004226
MARTONIO DISMUKE,
Defendant-Appellant.
Before: Marilyn Kelly, P.J., and MacKenzie and J.R. Ernst,* JJ.
MEMORANDUM.
Following a bench trial, defendant was convicted of assault with intent to do great bodily harm
less than murder, MCL 750.84; MSA 28.279, and possession of a firearm during the commission of a
felony, MCL 750.227b; MSA 28.424(2). The judge sentenced him to one to ten years' imprisonment
on the assault conviction and a mandatory two year term on the felony-firearm conviction. Defendant
appeals as of right. We affirm.
Defendant contends that the trial court’s findings of fact with regard to the felony-firearm
conviction were insufficient. We disagree. After a careful review of the record, we conclude that the
findings were sufficient, as the trial court was fully aware of the issues in the case and correctly applied
the law. People v Smith, 211 Mich App 233, 235; 535 NW2d 248 (1995). The trial court
specifically noted in its findings that the complainant and his girlfriend both saw defendant walk up to the
complainant’s car, pull out a gun and start shooting through the rear driver’s side window. The court
also found that one of the bullets hit the complainant, at least two bullets hit his car, and a spent shell
casing was recovered by an investigating police officer. Therefore, the trial court’s findings were
sufficient. Smith, supra.
Affirmed.
*Circuit judge, sitting on the Court of Appeals by assignment.
-1
/s/ Marilyn Kelly
/s/ Barbara B. MacKenzie
/s/ J. Richard Ernst
-2
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