PEOPLE OF MI V LAQUAN SCOTT

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STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, UNPUBLISHED April 23, 2002 Plaintiff-Appellee, v No. 231251 Wayne Circuit Court Criminal Division LC No. 99-012085 LAQUAN SCOTT, Defendant-Appellant. Before: Cooper, P.J. and Hood and Kelly, JJ. MEMORANDUM. Defendant was convicted, following a bench trial, of attempted armed robbery, MCL 750.92 and MCL 750.529, and possession of a firearm during the commission of a felony, MCL 750.227b. He was sentenced, as an habitual offender, MCL 769.10, to one to ten years’ imprisonment for the attempted armed robbery conviction and a consecutive two-year term for the felony-firearm conviction. He appeals as of right. We affirm. Defendant claims that the evidence was insufficient to support his convictions. We disagree. The elements of armed robbery are (1) an assault and (2) a felonious taking of property from the victim’s person or presence (3) while the defendant is armed with a dangerous weapon. People v Lee, 243 Mich App 163, 168; 622 NW2d 71 (2000). The elements of felony-firearm are that the defendant possessed a firearm during the commission of, or the attempt to commit, a felony. People v Avant, 235 Mich App 499, 505; 597 NW2d 864 (1999). An accused can be convicted of attempt even if the evidence establishes the complete crime, People v Bradovich, 305 Mich 329; 9 NW2d 560 (1943). Here the victim testified that she was assaulted, that her briefcase was taken, and that her assailant was armed with a gun. An eyewitness identified defendant as the person who committed the crime and also testified that defendant was armed with a gun. Viewed in a light most favorable to the prosecution, this evidence was sufficient to enable a rational trier of fact to find that the essential elements of the crimes were proven beyond a reasonable doubt. People v Oliver, 242 Mich App 92, 94-95; 617 NW2d 721 (2000). -1- Although defendant challenges the credibility of the identification testimony, questions of credibility are left to the trier of fact and will not be resolved anew by this Court. Avant, supra. Affirmed. /s/ Jessica Cooper /s/ Harold Hood /s/ Kirsten Frank Kelly -2-

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