PEOPLE OF MI V DORETHA GRAY
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
July 27, 2001
Plaintiff-Appellee,
v
DORETHA GRAY, a/k/a CHRISTA JAYCOX,
No. 225974
Wayne Circuit Court
LC No. 99-006827
Defendant-Appellant.
Before: Wilder, P.J., and Hood and Griffin, JJ.
MEMORANDUM.
Defendant appeals as of right her bench trial convictions for carjacking, MCL 750.529A,
armed robbery, MCL 750.529, and possession of a firearm during the commission of a felony,
MCL 750.227b. We affirm. This appeal is being decided without oral argument pursuant to
MCR 7.214(E).
Complainant testified she had just purchased cigarettes at a service station when
defendant approached her and demanded her keys. Defendant pointed a gun at complainant, she
gave defendant the keys, and defendant drove complainant’s car away. Defendant was
apprehended several days later after she ran a stop sign while driving the stolen car.
On appeal, defendant argues the trial court erred in relying on an in-court identification
that was based on suggestive pretrial procedures. However, defendant failed to challenge the incourt identification at trial. Absent manifest injustice, a claim of an unduly suggestive pretrial
identification procedure will not be reviewed on appeal unless the defendant objected or moved
the trial court to suppress the identification. People v Mischley, 164 Mich App 478, 481-482;
417 NW2d 537 (1987). Similarly, issues regarding the propriety of an in-court identification are
waived absent objection. People v Whitfield, 214 Mich App 348, 351; 543 NW2d 347 (1995).
Defendant waived review of the in-court identification. Complainant did not hesitate in
identifying defendant. Defendant admitted being at the scene of the crime. There is no evidence
that the identification was tainted by improper procedures.
-1-
Affirmed.
/s/ Kurtis T. Wilder
/s/ Harold Hood
/s/ Richard Allen Griffin
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