PEOPLE OF MI V DONALD D MABIN
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
February 10, 1998
Plaintiff-Appellee,
v
No. 191983
Oakland Circuit Court
LC No. 95-137475 FC
DONALD D. MABIN,
Defendant-Appellant.
Before: Markey, P.J., and Doctoroff and Smolenski, JJ.
MEMORANDUM.
Following a jury trial, defendant was convicted of two counts of assault with intent to commit
great bodily harm, MCL 750.84; MSA 28.279, as well as felony-firearm, MCL 750.227b; MSA
28.424(2), involving a single victim. On this appeal of right, he contends that conviction of two counts
of assault with intent to commit great bodily harm where there is only one victim violates double
jeopardy principles. This appeal is being decided without oral argument pursuant to MCR 7.214(E).
The facts of this case are that defendant assaulted the victim, she extricated herself from his
grasp and separated herself from defendant by locking herself inside and him outside a residence, and
that she was then assaulted a second time when she attempted to distance herself from the situation by
leaving the residence through the back door. There were two separate assaults and accordingly two
convictions do not violate defendant’s double jeopardy rights. People v Lugo, 214 Mich App 699,
708; 542 NW2d 921 (1995). The situation is similar to criminal sexual conduct, in which multiple
penetrations of a single victim may each provide the basis for a separate conviction. People v Rogers,
142 Mich App 88, 91; 368 NW2d 900 (1985).
Affirmed.
/s/ Jane E. Markey
/s/ Martin M. Doctoroff
/s/ Michael R. Smolenski
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