PEOPLE OF MI V GARY T FISCHER
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
September 7, 1999
Plaintiff-Appellee,
v
No. 205408
Recorder’s Court
LC No. 97-500000
GARY T. FISCHER,
Defendant-Appellant.
Before: Hoekstra, P.J., and O’Connell and R.J. Danhof,* JJ.
MEMORANDUM.
Following a bench trial, defendant was convicted of ethnic intimidation, MCL 750.147b; MSA
28.344(2), and aggravated assault, MCL 750.81a(1); MSA 28.276(1), and sentenced to two years’
probation. He now appeals as of right. We affirm.
On appeal, defendant challenges his conviction for ethnic intimidation, claiming that insufficient
evidence was presented to establish the requisite “specific intent to intimidate or harass” the victim
because of his race. MCL 750.147b(1); MSA 28.344(2)(1). We disagree.
The testimony describing defendant’s words and acts, viewed most favorably to the
prosecution, was sufficient to enable a rational trier of fact to find beyond a reasonable doubt that
defendant possessed the specific intent to intimidate or harass the victim because of his race. People v
Wolfe, 440 Mich 508, 515-516; 489 NW2d 748 (1992); People v Stevens, 230 Mich App 502,
504; 584 NW2d 369 (1998).
Affirmed.
/s/ Joel P. Hoekstra
/s/ Peter D. O’Connell
/s/ Robert J. Danhof
* Former Court of Appeals judge, sitting on the Court of Appeals by assignment.
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