PEOPLE OF MI V CLARENCE EDWARD THIGPEN II

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STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, UNPUBLISHED June 8, 2004 Plaintiff-Appellee, v No. 244842 Kalamazoo Circuit Court LC No. 02-000343-FC CLARENCE EDWARD THIGPEN, II, Defendant-Appellant. Before: Markey, P.J., and Wilder and Meter, JJ. MEMORANDUM. Defendant appeals as of right his bench trial conviction for three counts of armed robbery, MCL 750.529, and one count of felony-firearm, MCL 750.227b. We affirm. On appeal defendant challenges the sufficiency of the evidence supporting his convictions. In determining whether sufficient evidence has been presented to sustain a conviction, a reviewing court must view the evidence in the light most favorable to the prosecutor and determine whether a rational finder of fact could have found that the essential elements of the crime were proven beyond a reasonable doubt. People v Wolfe, 440 Mich 508, 515; 489 NW2d 748, amended 441 Mich 1201 (1992). The standard of review is deferential; a reviewing court must draw all reasonable inferences and make credibility choices in support of the verdict. People v Nowack, 462 Mich 392, 400; 614 NW2d 78 (2000). The evidence clearly supports defendant’s convictions. A robbery occurred involving three victims. An admitted accomplice testified about defendant’s involvement, and that testimony was supported by the victims’ physical descriptions of the robbers, as well as masks and guns found in a car with defendant. The trial court weighed the credibility of the accomplice and two jailhouse informants who testified about statements made by defendant, and it found in favor of the prosecution. There is no basis for reversing that decision. Affirmed. /s/ Jane E. Markey /s/ Kurtis T. Wilder /s/ Patrick M. Meter -1-

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