PEOPLE OF MI V HENRY CLARK
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
August 6, 2002
Plaintiff-Appellee,
v
No. 231241
Wayne Circuit Court
LC No. 00-002831
HENRY CLARK,
Defendant-Appellant.
Before: Murray, P.J., and Sawyer and Zahra, JJ.
MEMORANDUM.
Defendant appeals as of right his conviction of operating a vehicle under the influence of
intoxicating liquor causing death, MCL 257.625(4), entered after a bench trial. We affirm. This
appeal is being decided without oral argument pursuant to MCR 7.214(E).
Defendant argues that his conviction of OUIL causing death violates his constitutional
right to due process. We disagree and affirm. The elements of that offense are: (1) the
defendant operated a motor vehicle while intoxicated; (2) the defendant voluntarily decided to
drive knowing that he had consumed alcohol and might be intoxicated; and (3) the defendant’s
intoxication was a substantial cause of the victim’s death. The offense requires a general intent
to have operated a vehicle while intoxicated. People v Lardie, 452 Mich 231, 256; 551 NW2d
656 (1996). The statute does not offend due process. Id., 265-266. We are bound by stare
decisis to follow the decisions of our Supreme Court. People v Hall, ___ Mich App ___; ___
NW2d ___ (Docket No. 223182; pub’d January 18, 2002 at 9:00 a.m.), slip op at 5.
Affirmed.
/s/ Christopher M. Murray
/s/ David H. Sawyer
/s/ Brian K. Zahra
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