PEOPLE OF MI V LEONARD CHARLES MCCOY
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
November 9, 2004
Plaintiff-Appellee,
v
No. 249194
Wayne Circuit Court
LC No. 03-000599-01
LEONARD CHARLES MCCOY,
Defendant-Appellant.
Before: Murray, P.J., and Sawyer and Smolenski, JJ.
MEMORANDUM.
Defendant was charged with twelve counts of assault with intent to commit murder, MCL
750.83, and possession of a firearm during the commission of a felony, MCL 750.227b.
Following a jury trial, he was convicted of five counts of assault with intent to do great bodily
harm less than murder, MCL 750.84, and felony-firearm. He was sentenced as an habitual
offender, fourth offense, MCL 769.12, to prison terms of eight to fifteen years on each of the
assault convictions, to be served consecutively to the mandatory two-year term for felonyfirearm. Defendant appeals his convictions as of right. We affirm.
Defendant’s sole claim on appeal is that the trial court erred in instructing the jury in
accordance with CJI2d 17.3 (assault with intent to commit murder), CJI2d 17.7 (assault with
intent to do great bodily harm) and CJI2d 17.9 (felonious assault) because while each offense
contains as a necessary element that an assault be committed, the instructions are not consistent
in defining what constitutes an assault. Because defense counsel answered “No” when asked if
there was “anything about the instructions as given to bring to [the court’s] attention,” the issue
has been waived. People v Tate, 244 Mich App 553, 559; 624 NW2d 524 (2001).
Affirmed.
/s/ Christopher M. Murray
/s/ David H. Sawyer
/s/ Michael R. Smolenski
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