PEOPLE OF MI V ANTHONY D DANIELS
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
February 19, 1999
Plaintiff-Appellee,
v
ANTHONY D. DANIELS,
No. 203445
Recorder’s Court
LC No. 96-008713
Defendant-Appellant.
Before: Murphy, P.J., and MacKenzie and Talbot, JJ.
MEMORANDUM.
Defendant appeals by right his bench trial convictions of felonious assault, MCL 750.82; MSA
28.277, and possession of a firearm during the commission of a felony, MCL 750.227b; MSA
28.424(2), for which he was sentenced to one to four years’ imprisonment on the assault conviction
plus the mandatory two-year consecutive term for felony-firearm. We affirm. This appeal is being
decided without oral argument pursuant to MCR 7.214(E).
On appeal, defendant raises two issues: (1) “Did the lower court err reversibly by convicting
defendant without using legally admissible evidence?” and (2) “Was defense counsel ineffective in his
representation of defendant for failing to elicit his testimony?”
Contrary to defendant’s argument under his first issue, the trial court did rely upon legally
admissible evidence, in particular, the direct, eyewitness testimony of the assault victim, Mr. L. C.
Wimbley. Viewing the evidence in a light most favorable to the prosecution, we find the evidence
sufficient to prove the elements of felonious assault and felony-firearm b
eyond a reasonable doubt.
People v Jaffray, 445 Mich 287, 296; 519 NW2d 108 (1994). Regarding defendant’s second issue,
defendant has failed to overcome the presumption that defense counsel’s decision not to call defendant
to testify constituted sound trial strategy. People v Shively, 230 Mich App 626, 628-629; 584 NW2d
740 (1998). See also People v Mitchell, 454 Mich 145, 166; 560 NW2d 600 (1997).
Affirmed.
/s/ William B. Murphy
/s/ Barbara B. MacKenzie
/s/ Michael J. Talbot
-2
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