PEOPLE OF MI V JOSEPH T JETTON
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
September 11, 1998
Plaintiff-Appellee,
v
No. 195502
Recorder’s Court
LC No. 95-010125
JOSEPH T. JETTON,
Defendant-Appellant.
Before: Holbrook, Jr., P.J., and Wahls and Cavanagh, JJ.
MEMORANDUM.
Following a bench trial, defendant was convicted of second-degree murder, MCL 750.317;
MSA 28.549, and possession of a firearm during the commission of a felony (hereinafter “felony
firearm”), MCL 750.227b; MSA 28.424(2). Defendant was sentenced to consecutive prison terms of
twenty-five years’ for the second-degree murder conviction and two years’ imprisonment for the felony
firearm conviction. Defendant appeals as of right. We affirm.
Defendant argues that there was insufficient evidence to establish that he had the requisite intent
for second-degree murder. We disagree. Viewing the evidence presented in a light most favorable to
the prosecutor, People v Petrella, 424 Mich 221, 269; 380 NW2d 11 (1985), a rational trier of fact
could find beyond a reasonable doubt that, by pointing a handgun at decedent, while standing but a
short, unobstructed distance from decedent, and firing the weapon three times without justification or
excuse, defendant acted with either “an intent to kill, an intent to inflict great bodily harm, or an intent to
create a very high risk of death with the knowledge that the act probably will cause death or great
bodily harm.” People v Dykhouse, 418 Mich 488, 509; 345 NW2d 150 (1984). We will not assess
the credibility of the witnesses anew. People v Vaughn, 186 Mich App 376, 380; 465 NW2d 365
(1990).
Affirmed.
/s/ Donald E. Holbrook, Jr.
/s/ Myron H. Wahls
/s/ Mark J. Cavanagh
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