PEOPLE OF MI V LAWRENCE HOWARD HANNER
Annotate this Case
Download PDF
STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
July 30, 1996
Plaintiff-Appellee,
v
No. 184164
LC No. 94-007715
LAWRENCE HOWARD HANNER,
Defendant-Appellant.
Before: Young, P.J., and Holbrook, Jr., and J. Richard Ernst,* JJ.
MEMORANDUM.
Following a bench trial, defendant was convicted of assault with intent to commit great bodily
harm, less than murder, MCL 750.84; MSA 28.279. He subsequently pleaded guilty of being an
habitual offender, third offense, MCL 769.11; MSA 28.1083, and was sentenced to serve an enhanced
prison term of five to twenty years. He appeals as of right and we affirm.
Defendant argues that insufficient evidence was presented to establish his guilt because he
lacked the specific intent to commit great bodily harm. We find no merit to this argument. The
testimony of the witnesses indicated that defendant aided and abetted Timothy Lytle in the violent
assault of the victim and that defendant struck the victim with a cane and also kicked him several times
about the face and head. Although there was some testimony that defendant had been drinking that
evening, there was no evidence that he was intoxicated such that he was unable to form the intent to
commit the assault. People v Mills, 450 Mich 61, 82-83; 537 NW2d 909 (1995); People v
Lakeman, 135 Mich App 235; 353 NW2d 493 (1984). Accordingly, viewing the evidence in a light
most favorable to the prosecution, we conclude that sufficient evidence was presented to permit a
rational trier of fact (in this case, the trial judge) to find beyond a reasonable doubt that all the elements
of the crime were proven. People v Petrella, 424 Mich 221; 380 NW2d 11 (1985).
Next, we find that defendant’s five- to twenty-year sentence, which was enhanced as a result of
his habitual offender conviction, was proportionate to the circumstances of this offender and this offense.
* Circuit judge, sitting on the Court of Appeals by assignment.
-1
People v Cervantes, 448 Mich 620; 532 NW2d 831 (1995); People v Milbourn, 435 Mich 630;
461 NW2d 1 (1990).
Affirmed.
/s/ Robert E. Young, Jr.
/s/ Donald E. Holbrook, Jr.
/s/ J. Richard Ernst
-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.