PEOPLE OF MI V GREGORY ALPHONSO GRAHAM

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STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, UNPUBLISHED June 29, 2004 Plaintiff-Appellee, v No. 246726 Oakland Circuit Court LC No. 02-182998-FH GREGORY ALPHONSO GRAHAM, Defendant-Appellant. Before: Sawyer, P.J., and Gage and Owens, JJ. MEMORANDUM. Defendant appeals as of right his conviction of assault with intent to rob while being unarmed, MCL 750.88, entered after a bench trial. We affirm. This appeal is being decided without oral argument pursuant to MCR 7.214(E). When reviewing a trial court’s decision on a motion for directed verdict, we examine the record de novo to determine whether the evidence presented by the prosecution, viewed in a light most favorable to the prosecution, could convince a rational trier of fact that the essential elements of the charged offense were proved beyond a reasonable doubt. People v Wolfe, 440 Mich 508, 514-515; 489 NW2d 748 (1992), amended 441 Mich 1201 (1992). Circumstantial evidence and reasonable inferences drawn therefrom may be sufficient to prove the elements of the crime. People v Jolly, 442 Mich 458, 466; 502 NW2d 177 (1993). When reviewing a challenge to the sufficiency of the evidence in a bench trial, we view the evidence presented in a light most favorable to the prosecution, and determine whether a rational trier of fact could find that the essential elements of the crime were proven beyond a reasonable doubt. The trier of fact may make reasonable inferences from direct or circumstantial evidence in the record. People v Petrella, 424 Mich 221, 268-270, 275; 380 NW2d 11 (1985); People v Vaughn, 186 Mich App 376, 379-380; 465 NW2d 365 (1990). The elements of assault with intent to rob while being unarmed are: (1) an assault with force and violence; (2) an intent to rob and steal; and (3) the defendant being unarmed. MCL 750.88; People v Chandler, 201 Mich App 611, 614; 506 NW2d 882 (1993). An assault is an attempt to commit a battery or an unlawful act that places another person in reasonable apprehension of receiving an immediate battery. People v Grant, 211 Mich App 200, 202; 535 NW2d 581 (1995). Robbery requires the intent to permanently deprive the owner of his property. People v King, 210 Mich App 425, 428; 534 NW2d 534 (1995). -1- Defendant argues that the trial court erred by denying his motion for a directed verdict on the charge of assault with intent to rob being unarmed, and asserts that insufficient evidence was produced to support that conviction.1 We disagree and affirm. The fact that defendant may have prefaced the incident by falsely representing that he was a police officer is irrelevant. Complainant’s testimony, which the trial court was entitled to accept, People v Marji, 180 Mich App 525, 542; 447 NW2d 835 (1989), established that defendant assaulted her using force and violence, Chandler, supra; Grant, supra, and supported an inference that he intended to rob her of the money and to deprive her of it permanently. Jolly, supra. The trial court did not err by denying defendant’s motion for a directed verdict, Wolfe, supra, and the evidence supported defendant’s conviction of assault with intent to rob while being unarmed. Petrella, supra. Affirmed. /s/ David H. Sawyer /s/ Hilda R. Gage /s/ Donald S. Owens 1 Defendant does not challenge his conviction of false personation of a police officer, MCL 750.215. -2-

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