PEOPLE OF MI V DARRYL DUCKETT
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
March 23, 2010
Plaintiff-Appellee,
v
No. 283792
Wayne Circuit Court
LC No. 07-011473-FH
DARRYL DUCKETT,
Defendant-Appellant.
Before: Hoekstra, P.J., and Stephens and M. J. Kelly, JJ.
STEPHENS, J. (dissenting)
I agree with the majority’s conclusions regarding defendant's issues relating to his
sentencing. However, I dissent because I conclude that defendant's conviction for aggravated
assault should be vacated.
As the majority acknowledges, the prosecution did not prevent sufficient evidence to
support a conviction for aggravated assault because there was no evidence that the victim
suffered a serious or aggravated injury. I disagree with the majority’s conclusion that defense
counsel invited the error and that he also waived any claim regarding sufficiency of the evidence.
Although it is true that a defendant cannot seek relief from an error that he invited, it is equally
true that a trial judge is presumed to know the law. People v Sexton, 250 Mich App 211, 228;
646 NW2d 875 (2002). Defense counsel was not inviting the trial court to find defendant guilty
of aggravated assault. Rather, counsel’s statements were rhetorical in nature. In convicting
defendant of a crime despite the prosecution failing to meet its burden of proof, the trial court
committed error and relief is warranted.
/s/ Cynthia Diane Stephens
-1-
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