PEOPLE OF MI V BRANDON K CARTER
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
February 2, 1999
Plaintiff-Appellee,
v
No. 206957
Recorder’s Court
LC No. 97-001979
BRANDON K. CARTER,
Defendant-Appellant.
Before: Kelly, P.J., and Hood and Markey, JJ.
MEMORANDUM
Defendant was convicted in a bench trial of resisting and obstructing a police officer, MCL
750.479; MSA 28.747. He was sentenced to one year probation, and appeals as of right, claiming that
there was insufficient evidence for conviction. We affirm.
In reviewing a claim of insufficient evidence, the evidence presented below must be viewed in
the light most favorable to the prosecution; the test is whether a rational trier of fact could have found
that the essential elements of the crime were proven beyond a reasonable doubt. People v Wolfe, 440
Mich 508, 515; 489 NW2d 748, amended on other grounds 441 Mich 1201 (1992); People v
Hutner, 209 Mich App 280, 282; 530 NW2d 174 (1995). Defendant’s claim is that because there
was a credibility dispute between the arresting officers and his witnesses and himself, there was
insufficient evidence. We disagree. Questions of credibility are exclusively for the trier of fact. People
v Vaughn, 186 Mich App 376, 380; 465 NW2d 365 (1990). Here, the trial judge saw and heard the
witnesses and was in the best position to determine the credibility and weight of the conflicting
testimony.
The record shows that defendant was initially observed driving erratically and speeding.
Officers in a semi-marked vehicle activated their lights and siren and attempted to stop him, but
defendant drove away, speeding through a residential neighborhood. When defendant finally pulled
over, he jumped out of his vehicle and proceeded to walk away. Officer LaGrone -- who had a police
badge conspicuously hanging around her neck on a chain -- identified herself and directed him to stop.
Despite her repeated requests to stop, defendant continued to walk away. Officer LaGrone grabbed
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defendant by the arm and turned him to face the police vehicle. Defendant struggled with officer
LaGrone causing her partner, officer Jones, to have to come to her aid in order to restrain him. It took
both officers to subdue and handcuff defendant. He was arrested for failure to have a driver’s license
and was issued a careless driving citation. At trial, defendant admitted that he assumed that the
burgundy semi-marked vehicle was a police car, and that he “questioned” the officer’s “authority” to
detain him.
Viewing this evidence in the light most favorable to the prosecution, there was sufficient
evidence to prove beyond a reasonable doubt that defendant knowingly and wilfully obstructed,
resisted, or opposed officer LaGrone in the performance of her lawful duty to effectuate and investigate
a traffic stop. See People v Pohl, 207 Mich App 332, 333; 523 NW2d 634 (1994). We will not
substitute our judgment for the trial judge’s on matters of credibility.
Affirmed.
/s/ Michael J. Kelly
/s/ Harold Hood
/s/ Jane E. Markey
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