PEOPLE OF MI V JOSEPH MATTHEWSAnnotate this Case
STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
June 12, 1998
LC No. 96-002361
Before: Wahls, P.J., and Jansen and Gage, JJ.
Although charged with aggravated stalking, MCL 750.411i; MSA 28.643(9), defendant was
convicted of the misdemeanor offense of stalking, MCL 750.411h; MSA 28.643(8), and was
sentenced to three years’ probation. Defendant appeals as of right. We affirm.
The magistrate did not abuse her discretion when she bound over defendant on the charge of
aggravated stalking where the prosecutor presented evidence from which it could be inferred that
defendant had notice of the personal protection order prohibiting him from any form of contact with the
victim. MCL 750.411i(2)(a); MSA 28.643(9)(2); People v Kieronski, 214 Mich App 222; 542
NW2d 339 (1995).
We decline to review defendant’s great weight of the evidence challenge because defendant
failed to preserve the issue by moving timely for a new trial below. People v Winters, 225 Mich App
718, 729; ___ NW2d ___ (1997); People v Dukes, 189 Mich App 262, 264; 471 NW2d 651
/s/ Myron H. Wahls
/s/ Kathleen Jansen
/s/ Hilda R. Gage