PEOPLE OF MI V DESHAWN M COATES
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
November 23, 1999
Plaintiff-Appellee,
v
No. 208779
Wayne Circuit Court
LC No. 97-501807
JOHN CLINTON THOMAS,
Defendant-Appellant.
PEOPLE OF THE STATE OF MICHIGAN,
Plaintiff-Appellee,
v
No. 208782
Wayne Circuit Court
LC No. 97-501807
DESHAWN M. COATES,
Defendant-Appellant.
Before: Talbot, P.J., and Neff and Saad, JJ.
PER CURIAM.
Following a joint bench trial, defendants were convicted of armed robbery, MCL 750.529;
MSA 28.797. Defendant Thomas was sentenced as a fourth habitual offender, MCL 769.12; MSA
28.1084, to two to four years’ imprisonment and defendant Coats was sentenced as a third habitual
offender, MCL 769.11; MSA 28.1083, to three to eight years’ imprisonment. Defendants appeal as of
right and the appeals were consolidated. We affirm.
On appeal defendant Thomas argues that the trial court erred in denying his motion for a
directed verdict. Thomas contends that the taking of money and the alleged use of the knife to assault
the victim were separate transactions and that the knife was not used to effect the taking so as to
constitute an armed robbery. We disagree. In reviewing a trial court’s ruling on a directed verdict, we
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view the evidence presented by the prosecutor up to the time the motion was made in the light most
favorable to the prosecution and determine whether a rational trier of fact could find that the essential
elements of the crime charged were proven beyond a reasonable doubt. People v Warren, 228 Mich
App 336, 345-346; 578 NW2d 692 (1998).
“The elements of armed robbery are: (1) an assault; (2) a felonious taking of property from the
victim’s presence or person; (3) while the defendant is armed with a weapon described in the statute.”
People v Carines, 460 Mich 750, 757; 597 NW2d 130 (1999), quoting People v Turner, 213 Mich
App 558, 569; 540 NW2d 728 (1995). Robbery is a continuous offense that is not complete until the
perpetrator reaches a temporary place of safety. People v Newcomb, 190 Mich App 424, 430-431;
476 NW2d 749 (1991). Under this transactional approach, a taking is not considered complete until
the assailant has accomplished his escape, because the victim is still considered to be in possession of
his property. Id. at 431. This Court has therefore sustained armed robbery convictions where the
weapon was used to assault the victim after the actual taking had occurred but before the perpetrators’
escape. See Id. at 430-431; People v Tinsley, 176 Mich App 119, 121-122; 439 NW2d 313
(1989); People v Beebe, 70 Mich App 154, 158-160; 245 NW2d 547 (1976).
In the present case, the victim testified that: instead of driving him home as he insisted, Thomas
drove to the rear of an apartment complex and demanded money from him; when the victim refused,
Thomas climbed in the back seat and began to fight with him; while Thomas held the victim in a
headlock, defendant Coates took money from the victim’s pocket; when the victim exited the car,
Thomas tried to force him back into the car; Coates displayed a eight to nine inch knife and told the
victim that he would stab him unless he complied; as the victim continued to struggle with Thomas,
Coates stabbed the victim in the back with a knife and both defendants drove away, leaving
complainant wounded in the parking lot. Viewing this evidence in a light most favorable to the
prosecution, we conclude that a rational trier of fact could find beyond a reasonable doubt that Thomas
committed armed robbery. In our view, the taking and the subsequent assault with the knife constituted
a continuous transaction that did not end until defendants left the crime scene. See Newcomb, supra at
431. Therefore, the trial court did not err in denying Thomas’ motion for a directed verdict.
Thomas also contends that the verdict was against the great weight of the evidence because the
victim gave incredible testimony at trial. We disagree. A verdict is against the great weight of the
evidence only where the evidence preponderates heavily against the verdict and a serious miscarriage of
justice would result if a new trial were not granted. People v Lemmon, 456 Mich 625, 642; 576
NW2d 129 (1998).
After a thorough review, we hold that Thomas’ conviction does not contravene the great weight
of the evidence. As stated above, we find that there was sufficient evidence to establish that Thomas
committed armed robbery. Although the victim’s testimony was hindered by certain inconsistencies,
credibility determinations are within the exclusive province of the trier of fact and will not be resolved
anew by this Court. People v Gadomski, 232 Mich App 24, 28; 592 NW2d 75 (1998). We
therefore defer to the conclusion of the trial judge who was present in the courtroom to observe the
witnesses and was in the best position to evaluate credibility. See People v Carigon, 128 Mich App
802, 810; 341 NW2d 803 (1983).
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Finally, defendant Coates contends that there was insufficient evidence to support his
conviction. We disagree. In reviewing the sufficiency of the evidence in a bench trial, we view the
evidence in a light most favorable to the prosecution and determine whether a rational trier of fact could
find that the essential elements of the crime were proven beyond a reasonable doubt. People v Hutner,
209 Mich App 280, 282; 530 NW2d 174 (1995). We conclude that evidence that Coates took
money from the victim’s pocket while Thomas held him in a headlock, that he threatened to stab the
victim if he did not get back inside the car, and that he stabbed the victim in the back with a knife, was
sufficient to establish that Coates committed armed robbery against the victim beyond a reasonable
doubt. See Carines, supra at 757 (delineating the elements of armed robbery).
We further reject Coates’ specific arguments regarding the sufficiency of the evidence. Coates
first argues that no armed robbery occurred because the alleged taking and assault with the knife were
two isolated transactions and the knife was not used to accomplish the taking. However, we reject this
argument based on our previous analysis addressing the identical issue raised by Thomas. See
Newcomb, supra at 430-431; Tinsley, supra at 121-122; Beebe, supra at 158-160.
Coates next asserts that he did not possess the specific intent to commit armed robbery because
he was intoxicated at the time of the offense. We disagree. While the defense of intoxication will negate
the specific intent element of armed robbery if the degree of intoxication is so great as to render the
accused incapable of entertaining that intent, King, supra at 428, Coates testified at trial that he was not
intoxicated at the time of the offense. Consequently, Coates’ argument lacks merit.
Lastly, Coates maintains that he could not be convicted of armed robbery because Thomas
reasonably believed that the victim owed him the money for gas. We disagree. Even assuming that
Coates could use Thomas’ alleged good-faith belief as a defense, the evidence conflicted on the issue
whether Thomas had a claim of right to the money. While Thomas testified that the victim had promised
to buy gas for his car, the victim testified that no discussion ever took place regarding the payment of
gas money. The trial court evidenced its awareness of Thomas’ claim of right argument, but chose to
resolve the credibility issue in the prosecutor’s favor. We will not disturb a trial court’s credibility
findings where, as here, it appears from the record that the court was aware of the issues and correctly
applied the law. People v Reeves, 222 Mich App 32, 35; 564 NW2d 476 (1997), rev’d on other
grounds, 458 Mich 236 (1998).
Affirmed.
/s/ Michael J. Talbot
/s/ Janet T. Neff
/s/ Henry William Saad
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