PEOPLE OF MI V VANDEL D LEWIS
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
September 22, 1998
Plaintiff-Appellee,
v
No. 202534
Recorder’s Court
LC No. 95-011426
VANDEL D. LEWIS,
Defendant-Appellant.
Before: Hood, P.J., and Griffin and O’Connell, JJ.
MEMORANDUM.
Defendant appeals by right his conviction of possession of a firearm during the commission of a
felony, MCL 750.227b: MSA 28.424(2), entered after a jury trial. We affirm.
Defendant was charged with four counts of assault with intent to commit murder, MCL 750.83:
MSA 28.278, and felony-firearm, based on allegations that he fired a shot into a vehicle after a traffic
altercation. After extensive deliberations and repeated instructions, the jury convicted defendant of
felony-firearm only. On appeal, defendant claims that the court gave improper instructions. Defendant
failed to object to the instructions at trial.
Pursuant to MCL 768.29; MSA 28.1052, a verdict shall not be set aside where the court fails
to instruct with regard to any point of law unless the defendant requests such an instruction. People v
Maleski, 220 Mich App 518, 521; 560 NW2d 71 (1996). Instructional error will not be considered
on appeal unless the issue has been preserved by an objection to the i struction in the trial court.
n
People v Van Dorsten, 441 Mich 540, 545; 494 NW2d 737 (1993). Relief will be granted absent an
objection only in cases of manifest injustice. Id. There is no manifest injustice where the instructions as
a whole fairly presented the issues to be tried and accurately stated the law. People v Flowers, 222
Mich App 732, 735; 565 NW2d 12 (1997).
Affirmed.
-1
/s/ Harold Hood
/s/ Richard Allen Griffin
/s/ Peter D. O’Connell
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