PEOPLE OF MI V GREGORY V ROBINSON
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
April 21, 2000
Plaintiff-Appellee,
v
No. 206351
Recorder’s Court
LC No. 96-006432
GREGORY V. ROBINSON,
Defendant-Appellant.
Before: Gribbs, P.J., and Doctoroff and T.L. Ludington*, JJ.
MEMORANDUM.
Defendant appeals as of right his conviction for felonious assault, MCL 750.82; MSA 28.277,
entered after a bench trial. We affirm. This appeal is being decided without oral argument pursuant to
MCR 7.214(E).
Defendant maintains that he was deprived of the effective assistance of counsel where trial
counsel did not attempt to obtain complainant’s medical records, which defendant speculates would
show that complainant was not stabbed with a screwdriver. To establish an ineffective assistance of
counsel claim, a defendant must show that counsel’s performance was deficient and that under an
objective standard of reasonableness, counsel made an error so serious that counsel was not functioning
as an attorney as guaranteed under the Sixth Amendment. People v Pickens, 446 Mich 298; 521
NW2d 797 (1994); People v Tommolino, 187 Mich App 14, 17; 466 NW2d 315 (1991).
Defendant has failed to produce the medical records, and his argument is strictly conjecture. There is
no showing that defendant was prejudiced by the absence of the records.
Defendant also asserts that there was insufficient evidence to support his conviction. In
determining whether the prosecution has presented sufficient evidence to sustain a conviction, an
appellate court must view the evidence in a light most favorable to the prosecution, and determine
whether any rational finder 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 (1992). The trial
* Circuit judge, sitting on the Court of Appeals by assignment.
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court found complainant’s testimony credible. That testimony established that defendant stabbed
complainant four times with a screwdriver in the course of a confrontation. The evidence was sufficient
to support the conviction.
Affirmed.
/s/ Roman S. Gribbs
/s/ Martin M. Doctoroff
/s/ Thomas L. Ludington
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