IN RE DENNIS GLOVER

Download as PDF STATE OF MICHIGAN COURT OF APPEALS In the Matter of DENNIS GLOVER, a minor. PEOPLE OF THE STATE OF MICHIGAN, UNPUBLISHED August 10, 1999 Plaintiff-Appellee, v No. 196999 Wayne Juvenile Court LC No. 92-299129 DENNIS GLOVER, Defendant-Appellant. Before: Sawyer, P.J., and Holbrook, Jr., and W. E. Collette,* JJ. MEMORANDUM. Defendant appeals as of right from his bench trial conviction of receiving and concealing stolen property over $100, MCL 750.535; MSA 28.803. Defendant was placed on probation. We affirm. Defendant argues that there was insufficient evidence produced at trial to support his conviction. We disagree. In determining whether the evidence is sufficient, we â view the evidence in a light most favorable and 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.â People v Jaffray, 445 Mich 287, 296; 519 NW2d 108 (1994). â A prosecutor need not negate every reasonable theory of innocence, but must prove his own theory beyond a reasonable doubt in the face of whatever contradictory evidence the defendant provides.â People v Quinn, 219 Mich App 571, 574; 557 NW2d 151 (1996). After reviewing the evidence, we conclude that there was sufficient evidence to support defendantâ s conviction. Contrary to defendantâ s argument, the testimony of eyewitnesses Jones and McFolley is sufficient to identify defendant as a participant in the crime, notwithstanding any inconsistency in their testimony. We also disagree with defendantâ s contention that there was insufficient * Circuit judge, sitting on the Court of Appeals by assignment. -1­ evidence of guilty knowledge. The reckless manner in which the vehicle was being driven, defendantâ s flight from the vehicle once it was wrecked, and the lack of any reasonable explanation for defendantâ s possession of the car are all circumstances that tend to support a finding of guilty knowledge. See People v Salata, 79 Mich App 415, 421-422; 262 NW2d 844 (1977); People v Brewer, 60 Mich App 517, 521; 231 NW2d 375 (1975). Affirmed. /s/ David H. Sawyer /s/ Donald E. Holbrook, Jr. /s/ William E. Collette -2­