PEOPLE OF MI V LAJUAN COVINGTON
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
June 10, 2003
Plaintiff-Appellee,
v
No. 239347
Wayne Circuit Court
LC No. 01-004530-01
LAJUAN COVINGTON,
Defendant-Appellant.
Before: Fitzgerald, P.J., and Hoekstra and O’Connell, JJ.
MEMORANDUM.
Defendant was convicted by the court of felonious assault, MCL 750.82, and possession
of a firearm by a felon, MCL 750.224f, and was sentenced to prison terms of eighteen months to
7 ½ years for the assault conviction and eighteen months to four years for firearm conviction.
Defendant appeals as of right. We affirm.
Defendant argues that the trial court’s findings of fact were clearly erroneous. A finding
of fact is clearly erroneous if, after a review of the entire record, an appellate court is left with a
definite and firm conviction that a mistake has been made. People v Swirles (After Remand), 218
Mich App 133, 136; 553 NW2d 357 (1996). Deference is given to the trial court’s determination
of credibility. People v Sherman-Huffman, 241 Mich App 264, 265; 615 NW2d 776 (2000).
A review of the record indicates that the trial court’s findings of fact were supported by
the complainant’s testimony that defendant was the assailant in this case, and by the immediate
and subsequent nature of her statements of identification and the corroborating testimony of the
other prosecution witnesses. Further, the trial court’s decision not to credit Cristy Cage’s
testimony is supported by the fact that her alibi testimony did not cover the specific time of the
instant offense.
Affirmed.
/s/ E. Thomas Fitzgerald
/s/ Joel P. Hoekstra
/s/ Peter D. O’Connell
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