PEOPLE OF MI V MARK ANTHONY LANE
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
December 20, 2002
Plaintiff-Appellee,
V
No. 235128
Calhoun Circuit Court
LC No. 00-002173-FH
MARK ANTHONY LANE,
Defendant-Appellant.
Before: Hood, P.J. and Smolenski and Kelly, JJ.
MEMORANDUM.
Defendant was convicted, following a jury trial, of home invasion, third degree, MCL
750.110a(4), and assault and battery, MCL 750.81. He was sentenced to concurrent terms of
fourteen to sixty months’ imprisonment for the home invasion conviction and ninety days’
imprisonment for assault and battery. Defendant appeals his home invasion conviction as of
right, and we affirm. This case is being decided without oral argument pursuant to MCR
7.214(E).
Defendant alleges that there was insufficient evidence to convict him of home invasion
because he resided at 407 West Cass Street in Albion, his childhood home. His mother, the
complainant, however, testified unequivocally that 407 West Cass was and had been her home
for over forty years. She also stated that she made it very clear on the date in question that she
wanted defendant to stay away from her home, and that he did not have permission to enter. In
closing argument, defense counsel argued to the jury that the elements of home invasion were
not established because defendant did not need permission to enter his place of residence. The
jury obviously did not give credence to this argument that he did not need permission to enter the
home.
In determining whether there was sufficient evidence to support a conviction, this Court
considers the evidence presented in the light most favorable to the prosecution to determine
whether a rational trier of fact could find that the essential elements of the charged offense were
proved beyond a reasonable doubt. People v Nowak, 462 Mich 392, 399; 614 NW2d 78 (2000).
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The trier of fact may draw reasonable inferences from the evidence. People v Reddick, 187 Mich
App 547, 551; 468 NW2d 278 (1991). In our review, we make credibility choices in support of
the jury’s verdict. Nowak, supra at 400. Viewed in the light most favorable to the prosecution,
there was ample evidence to support the jury’s verdict.
Affirmed.
/s/ Harold Hood
/s/ Michael R. Smolenski
/s/ Kirsten Frank Kelly
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