PEOPLE OF MI V LONNIE RODRIGUEZ CUNNINGHAM
Annotate this Case
Download PDF
STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
July 5, 1996
Plaintiff-Appellee,
v
No. 179476
LC No. 93-066236-FC
LONNIE RODRIGUEZ CUNNINGHAM,
Defendant-Appellant.
Before: Smolenski, P.J., and Holbrook, Jr. and F.D. Brouillette,* JJ.
PER CURIAM.
Defendant was convicted following a bench trial of two counts of armed robbery, MCL
750.529; MSA 28.797, and of unlawfully driving away an automobile (UDAA), MCL 750.413; MSA
28.645. He was sentenced to twenty to thirty year prison terms for his two armed robbery convictions
and to a concurrent three to five year sentence for his UDAA conviction. He appeals as of right. We
affirm.
Defendant broke into a home, awakening its two sleeping inhabitants. When he became aware
of their presence, he took them prisoner with the threat of a gun. After searching through their
belongings and part of the house in general, he made one person drive him a short distance in a family
automobile. Defendant then ordered him out of the car and drove away.
Defendant first argues that there is insufficient evidence to support his two armed robbery
convictions. We disagree. A conviction of armed robbery requires proof of three elements: “(1) an
assault, (2) a felonious taking of property from the victim's person or presence, and (3) the defendant
must be armed with a weapon described in the statute.” People v Johnson, 206 Mich App 122, 123;
520 NW2d 672 (1994) (citations omitted). Defendant only appeals as to the sufficiency of the
evidence establishing the third element, i.e., that he was armed with a weapon or an article used or
fashioned in such a way as to lead a reasonable person to believe that it was a dangerous weapon at the
time of the robbery. People v Jolly, 442 Mich 458, 465; 502 NW2d 177 (1993). Viewing the
* Circuit judge, sitting on the Court of Appeals by assignment.
-1
evidence in a light most favorable to the prosecution, People v Hurst, 205 Mich App 634, 640; 517
NW2d 858 (1994), there was evidence of this element in testimony that defendant was holding an
object when he entered the inhabitants' room, that the object was heard dropping to the floor, that a
pair of scissors left in another room earlier that night was found near where defendant had been sitting
and in defendant's frequent references to being armed.Defendant also argues that his armed robbery
sentence, although within the guidelines range, was disproportionate because he is mentally ill. We
disagree. We find that, in light of the trial court's articulation of defendant's culpability, defendant has
failed to present unusual circumstances sufficient to overcome the presumption of proportionality
surrounding his sentence. People v Daniel, 207 Mich App 47, 54; 523 NW2d 830 (1994); People v
Milbourn, 435 Mich 630, 661; 461 NW2d 1 (1990).
Affirmed.
/s/ Michael R. Smolenski
/s/ Donald E. Holbrook, Jr.
/s/ Francis D. Brouillette
-2
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.