PEOPLE OF MI V BRIAN NELSON BENNETT
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S T A T E O F M I C H I G A N
C O U R T O F A P P E A L S
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
July 23, 1996
Plaintiff-Appellee,
v
No. 177011
LC No. 93-011915
BRIAN NELSON BENNETT,
Defendant-Appellant.
Before: Cavanagh, P.J., and Hood and J.J. McDonald,* JJ.
PER CURIAM.
Following a bench trial, defendant was convicted of armed robbery, MCL 750.529; MSA
28.797, and possession of a firearm during the commission of a felony, MCL 750.227b; MSA
28434(2). Defendant appeals as of right from his convictions. We affirm.
I
Defendant first argues that the trial court’s findings of fact and conclusions were erroneous
because the findings were contradictory, and because the court failed to properly consider the evidence
which supported defendant's defense of diminished capacity. Findings of fact and conclusions of law
are sufficient if it appears that the trial court was aware of the relevant issues in the case and correctly
applied the law. People v Smith, 211 Mich App 233, 235; 535 NW2d 248 (1995).
Defendant asserts that the findings were inconsistent because the trial court initially stated that
defendant's codefendant, Dwayne Dolin, had the gun but subsequently stated that defendant had the
gun. We disagree. As the trial court made numerous references to the fact that defendant possessed
the gun, it appears that it simply misspoke when it initially stated that Dolin had the gun. The testimony
of the gas station attendant and the officers at the scene indicate that defendant had the gun. Remand is
not required where it is manifest that further explication would not facilitate appellate review. People v
Legg, 197 Mich App 131, 134-135; 494 NW2d 797 (1992).
*
Circuit judge, sitting on the Court of Appeals by assignment.
-1
In addition, defendant claims that the trial court failed to consider evidence presented by
defendant on the issue of diminished capacity. The defense of diminished capacity or intoxication is only
available where it is shown that a defendant's impairment rendered him unable to formulate the specific
intent to commit the charged crime. People v Savoie, 419 Mich 118, 134; 349 NW2d 139 (1984).
After reviewing the transcript, we conclude that trial court illustrated an understanding of defendant’s
defense and the applicable law. The trial court noted that defendant presented experts who stated that
he suffered from diminished capacity and stated that he had evaluated their credibility. The
determination of credibility of a witness is for the trier of fact to decide. See People v Berry (On
Remand), 198 Mich App 123, 129; 497 NW2d 202 (1993). The trial court offered a reasoned basis
for rejecting the opinion of defendant’s experts and concluding that defendant's conduct was deliberate
and purposeful. Accordingly, we find no error.
Defendant also argues that a finding that defendant did not suffer from diminished capacity was
inconsistent with the court’s decision to exclude defendant's verbal statement to police on the basis that
defendant was too intoxicated to knowingly, intentionally, and voluntarily waive his Mirandai rights.
We disagree. The waiver of Miranda rights and the negation of specific intent because of diminished
capacity do not require identical levels of cognition. A defendant has the capacity to waive his Miranda
rights when he is cognizant of the state’s intention to use his statements against him and that he can
remain silent and request a lawyer. See People v Garwood, 205 Mich App 553, 558; 517 NW2d
843 (1994). Where a defendant was so intoxicated that he was unable to form the specific intent to
commit armed robbery, the intent element of the crime is negated. See Savoie, supra. The trial
court’s determination that defendant was not too intoxicated to possess the requisite intent for the
offense of armed robbery was not inconsistent with its finding that defendant was too intoxicated to
knowingly waive his Miranda rights.
II
Defendant next contends that the verdict was contrary to the great weight of the evidence
because defendant presented overwhelming evidence to support his defense of diminished capacity. It
is within the trial court’s discretion whether to grant or deny a motion for a new trial on the basis that the
verdict is against the great weight of the evidence. People v Herbert, 444 Mich 466, 475, 476; 511
NW2d 654 (1993). As noted above, there was sufficient evidence presented on the record for the trial
court to determine that defendant did not suffer from diminished capacity. Accordingly, we find that the
trial court did not abuse its discretion by denying defendant's motion for a new trial.
Affirmed.
/s/ Mark J. Cavanagh
/s/ Harold Hood
/s/ John J. McDonald
i
Miranda v Arizona, 384 US 436; 86 S Ct 1602; 16 L Ed 2d 694 (1966).
-2
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