Opinion
368135
11-15-2023
People of Michigan v. Derrick Keith Graham
LC No. 21-005291-01-FC
Anica Letica Presiding Judge Michael J. Riordan Kristina Robinson Garrett Judges
ORDER
The motion to waive fees is GRANTED for this case only.
The delayed application for leave to appeal is DENIED. The trial court addressed the issue by explaining that defendant was charged with assault with a deadly weapon (felonious assault), MCL 750.82, and thus, his argument that there was insufficient evidence to warrant a bindover on assault with intent to do great bodily harm, MCL 750.84, was meritless. Even were we to assume that the trial court did mischaracterize defendant's argument, which is unclear from the record provided by defendant to this Court, any error in this regard would be harmless, as the limited record provided by defendant shows that a bindover was warranted on two counts of felonious assault. MCL 750.82(1); People v McKewen, 326 Mich.App. 342, 352; 926 N.W.2d 888 (2018). See also People v Davis, 277 Mich.App. 676, 687-688; 747 N.W.2d 555 (2008), vacated in part on other grounds, lv den 482 Mich. 978 (2008) ("[A] victim's subjective experience of the emotion of fear is not an element of assault, even in "apprehension" types of criminal assault cases").