IN RE DJON STEVEN WILLIAMS (Concurring Opinion)

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STATE OF MICHIGAN COURT OF APPEALS In the Matter of DJON STEVEN WILLIAMS, Minor. PEOPLE OF THE STATE OF MICHIGAN, UNPUBLISHED January 19, 2012 Petitioner-Appellee, v No. 301286 Wayne Circuit Court Family Division LC No. 10-494967-DL DJON STEVEN WILLIAMS, Respondent-Appellant. Before: GLEICHER, P.J., and CAVANAGH and O CONNELL, JJ. O CONNELL, J. (concurring in part and dissenting in part). Respondent punched a victim in the face, and the victim suffered a broken maxillary sinus bone, a fractured nose, and significant facial bruising. The majority concludes that the trial court erred in determining that this evidence was sufficient to find respondent responsible for assault with intent to do great bodily harm, MCL 750.84. I disagree. Viewing the evidence in the light most favorable to the prosecution (as we must), I would defer to the trial court s assessment of the weight of the evidence and the credibility of the witnesses and would affirm the adjudication of responsibility for both offenses. See People v Parcha, 227 Mich App 236, 239; 575 NW2d 316 (1997) (this court must view the evidence in the light most favorable to prosecution). Accordingly, I dissent from the majority s reversal of respondent s adjudication of responsibility for assault with intent to do great bodily harm. I concur with the majority s decision to affirm respondent s adjudication of responsibility for assault with intent to murder, MCL 750.83. /s/ Peter D. O Connell -1-

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