PEOPLE OF MI V GIRARD ALLEN STEVENSON
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
October 1, 2009
Plaintiff-Appellee,
v
No. 287182
Oakland Circuit Court
LC No. 2008-218674-FC
GIRARD ALLEN STEVENSON,
Defendant-Appellant.
Before: Murray, P.J., and Markey and Borrello, JJ.
PER CURIAM.
Following a jury trial, defendant was convicted of assault with intent to murder, MCL
750.83, and felonious assault, MCL 750.82. He was sentenced to concurrent prison terms of 12
to 40 years and 30 months to 4 years, respectively. We affirm. This appeal has been decided
without oral argument pursuant to MCR 7.214(E).
Defendant first contends that the evidence was insufficient to sustain the verdict of
assault with intent to murder. On appeal, we review the record de novo, viewing the evidence in
a light most favorable to the prosecution to determine whether a rational trier of fact could find
that the essential elements of the crime were proved beyond a reasonable doubt. People v
Hoffman, 225 Mich App 103, 111; 570 NW2d 146 (1997); People v Hammons, 210 Mich App
554, 556; 534 NW2d 183 (1995). Circumstantial evidence and reasonable inferences drawn
therefrom are sufficient to prove the elements of a crime. People v Nowack, 462 Mich 392, 400;
614 NW2d 78 (2000). “It is for the trier of fact, not the appellate court, to determine what
inferences may be fairly drawn from the evidence and to determine the weight to be accorded
those inferences.” People v Hardiman, 466 Mich 417, 428; 646 NW2d 158 (2002). All conflicts
in the evidence are to be resolved in favor of the prosecution. People v Terry, 224 Mich App
447, 452; 569 NW2d 641 (1997).
The elements of assault with intent to murder are “(1) an assault, (2) with an actual intent
to kill, (3) which, if successful, would make the killing murder.” Hoffman, supra at 111. The
defendant’s intent
may be gleaned from the nature of the defendant's acts constituting the assault, the
temper or disposition of mind with which they were apparently performed,
whether the instrument and means used were naturally adapted to produce death,
[the defendant's] conduct and declarations prior to, at the time, and after the
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assault, and all other circumstances calculated to throw light upon the intention
with which the assault was made. [People v Brown, 267 Mich App 141, 149 n 5;
703 NW2d 230 (2005) (quotation marks and citations omitted).]
“Because of the difficulty of proving an actor’s state of mind, minimal circumstantial evidence
of intent to kill is sufficient.” People v McRunels, 237 Mich App 168, 181; 603 NW2d 95
(1999).
The evidence, when viewed in a light most favorable to the prosecution, was sufficient to
sustain the verdict. Two days before the attack, defendant threatened to kill the victim. On the
day of the attack, he broke the victim’s telephone so she could not call for help. He choked her
and threatened to kill her. He put a knife to her throat and threatened to “stick her” should
anyone try to interfere. When the victim tried to get away from defendant, he did in fact stab her
while chasing her into the yard. Before leaving the scene, he threatened to kill her once again.
The evidence was thus sufficient to permit a rational juror to conclude beyond a reasonable
doubt that defendant acted with an intent to kill. Although defendant did not inflict fatal or even
life-threatening injuries, proof of physical injury is not necessary. See People v Davis, 216 Mich
App 47, 53; 549 NW2d 1 (1996); People v Hollis, 140 Mich App 589, 591, 593; 366 NW2d 29
(1985).
Defendant next contends that the trial court erred in electing not to depart downward
from the statutory guidelines and thus the sentence imposed was disproportionate.
Assault with intent to murder is a Class A offense subject to the legislative guidelines.
MCL 777.16d. The principle of proportionality is generally inapplicable to sentences determined
under the legislative guidelines. People v Babcock, 244 Mich App 64, 78; 624 NW2d 479
(2000). Rather, proportionality is an inherent function of the guidelines, People v Babcock, 469
Mich 247, 263-264; 666 NW2d 231 (2003), and thus a challenge based on proportionality cannot
be considered. People v Pratt, 254 Mich App 425, 429-430; 656 NW2d 866 (2002). The trial
court’s minimum sentence of 12 years was within the minimum sentence range of 126 to 210
months. A sentence that is within the guidelines must be affirmed on appeal unless it was based
on inaccurate information or an error in the scoring of the guidelines is shown. MCL
769.34(10). Because defendant has not alleged an error in the scoring of the guidelines or the
use of inaccurate information by the trial court in determining his sentence, we must affirm.
Affirmed.
/s/ Christopher M. Murray
/s/ Jane E. Markey
/s/ Stephen L. Borrello
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