PEOPLE OF MI V KENNETH EARL RICHARDSON
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
June 3, 2004
Plaintiff-Appellee,
v
No. 245090
Wayne Circuit Court
LC No. 02-006725
KENNETH EARL RICHARDSON,
Defendant-Appellant.
Before: Markey, P.J., and Wilder and Meter, JJ.
MEMORANDUM.
Defendant appeals as of right his convictions of felonious assault, MCL 750.82, and
possession of a firearm during the commission of a felony, MCL 750.227b, entered after a bench
trial. We affirm. This appeal is being decided without oral argument oursuant to MCR 7.214
(E).
Defendant argues that the verdict was against the great weight of the evidence or, in the
alternative, that insufficient evidence supported the verdict. We disagree. A new trial may be
granted on some or all of the issues if a verdict is against the great weight of the evidence. MCR
2.611(A)(1)(e). The test is whether the evidence preponderates so heavily against the verdict
that it would be a miscarriage of justice to allow the verdict to stand. People v Gadomski, 232
Mich App 24, 28; 592 NW2d 75 (1998). If the evidence conflicts, the issue of credibility
ordinarily should be left for the trier of fact. People v Lemmon, 456 Mich 625, 642-643; 576
NW2d 129 (1998). In a case tried without a jury, a motion for new trial is not required to
preserve the issue. MCR 7.211(C)(1)(c).
When reviewing a challenge to the sufficiency of the evidence in a bench trial, we view
the evidence presented 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. The trier of fact may make reasonable inferences from direct or circumstantial
evidence in the record. People v Petrella, 424 Mich 221, 268-270, 275; 380 NW2d 11 (1985);
People v Vaughn, 186 Mich App 376, 379-380; 465 NW2d 365 (1990).
The elements of felonious assault are: (1) an assault; (2) with a dangerous weapon; and
(3) with the intent to place the victim in reasonable apprehension of an immediate battery.
People v Davis, 216 Mich App 47, 53; 549 NW2d 1 (1996). An assault is an attempt to commit
a battery or an unlawful act that places another person in reasonable apprehension of receiving
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an immediate battery. People v Grant, 211 Mich App 200, 202; 535 NW2d 581 (1995). The
defendant’s intent can be inferred from the circumstances. People v Lawton, 196 Mich App 341,
349; 492 NW2d 810 (1992).
Complainant testified that defendant fired two shots in her direction when she was
approximately two car lengths from him. The trial court was entitled to find complainant’s
testimony in this regard credible. Lemmon, supra; People v Marji, 180 Mich App 525, 542; 447
NW2d 835 (1989). The trial court’s finding that defendant fired shots in complainant’s
direction, coupled with the permissible inference that defendant intended to place complainant in
fear of receiving an immediate battery, was sufficient to support defendant’s convictions.
Petrella, supra; Davis, supra; Lawton, supra. Defendant is not entitled to a new trial.
Gadomski, supra.
Affirmed.
/s/ Jane E. Markey
/s/ Kurtis T. Wilder
/s/ Patrick M. Meter
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