PEOPLE OF MI V LEMOSE GLOVER

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STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, UNPUBLISHED August 2, 2002 Plaintiff-Appellee, v No. 231991 Wayne Circuit Court LC No. 00-007988 LEMOSE GLOVER, Defendant-Appellant. Before: Murray, P.J., and Sawyer and Zahra, JJ. MEMORANDUM. Defendant appeals as of right from a conviction of bribery of a public official, MCL 750.117, for which he was sentenced to five years’ probation. We affirm. To the extent defendant contends that he is entitled to postjudgment discovery to find evidence that might have been helpful in his defense at trial, he has abandoned the issue by his failure to cite appropriate authority. People v Davis, 241 Mich App 697, 700; 617 NW2d 381 (2000). Even if defendant had a right to postjudgment discovery, that would not aid his cause in this Court because appeals are heard on the original record, MCR 7.210(A), and enlargement of the record generally is not permitted. People v Warren, 228 Mich App 336, 356; 578 NW2d 692 (1998), rev’d in part on other grounds 462 Mich 415 (2000). To the extent defendant contends trial counsel was ineffective for failing to conduct pretrial discovery, he has failed to preserve the issue for appeal by including it in his statement of questions presented. People v Brown, 239 Mich App 735, 748; 610 NW2d 234 (2000). Even if the issue had been preserved, review would be limited to the record. People v Snider, 239 Mich App 393, 423; 608 NW2d 502 (2000). The record is silent regarding the existence of any admissible impeachment evidence in the officers’ files. Defendant has not shown that a reasonable probability exists that, had counsel sought and obtained discovery of the files, the outcome of the trial would have been different. People v Watkins, 247 Mich App 14, 30; 634 NW2d 370 (2001); People v Avant, 235 Mich App 499, 508; 597 NW2d 864 (1999). Affirmed. /s/ Christopher M. Murray /s/ David H. Sawyer /s/ Brian K. Zahra -1-

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