PEOPLE OF MI V CHRISTOPHER S JACKSONAnnotate this Case
STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
December 15, 1998
LC No. 96-503423
CHRISTOPHER S. JACKSON,
Before: Doctoroff, P.J., and Sawyer and Fitzgerald, JJ.
Defendant was convicted by a jury of armed robbery, MCL 750.529; MSA 28.797, assault
with intent to commit great bodily harm less than murder, MCL 750.84; MSA 28.279, and possession
of a firearm during the commission of a felony, MCL 750.227b; MSA 28.424(2). He was sentenced
to prison terms of thirty-five to sixty years for the armed robbery conviction and seven to ten years for
the assault conviction, to be served consecutive to a two-year term for the felony-firearm conviction.
Defendant appeals as of right. We affirm.
Defendant first contends that he was prejudiced by the prosecution’s failure to produce for trial
three endorsed witnesses. We disagree. Once a guilty verdict is entered, the only relevant inquiry is
whether the prosecution’s failure to produce a witness prejudiced a defendant. People v Jackson, 178
Mich App 62, 66; 443 NW2d 423 (1989). However, defendant failed to preserve the issue of
prejudice for appellate review by moving for a new trial in the trial court on this basis. Jackson, supra.
Hence, we decline to review this issue.
Defendant also summarily states that the trial court should have instructed the jury with CJI2d
5.12 with respect to two of the endorsed witnesses that were not produced at trial. This issue is waived
because defendant failed to cite any authority or present any argument in support of his position.
People v Weathersby, 204 Mich App 98, 113; 514 NW2d 493 (1994).
Last, defendant asserts that the thirty-five to sixty year sentence for the armed robbery
conviction is disproportionate because the departure from the guidelines was based upon the
seriousness of the injury suffered by the victim, which is a factor already taken into account in scoring
the guidelines. We disagree. Factors considered in the guidelines may support a departure. People v
Davis, 181 Mich App 354, 358; 448 NW2d 842 (1989). Therefore, the trial court did not err by
weighing the seriousness of the victim’s injury more heavily than did the guidelines. Further, in departing
from the guidelines, the trial court also considered defendant’s contact with the juvenile system, see
People v Spicer, 216 Mich App 270, 276; 548 NW2d 245 (1996), as well as the fact that the court
believed the evidence established defendant’s guilt of the greater offense of assault with intent to murder.
See People v Harris, 190 Mich App 652, 663; 476 NW2d 767 (1991). Considering the seriousness
of the circumstances surrounding the offense and the offender, the sentence is proportionate to the
circumstances surrounding the offense and the offender. People v Milbourn, 435 Mich 630, 635-636;
461 NW2d 1 (1990).
/s/ Martin M. Doctoroff
/s/ David H. Sawyer
/s/ E. Thomas Fitzgerald