MURRAY, P.J.
Defendant appeals as of right his jury trial conviction of unarmed robbery, MCL 750.530. For this conviction, defendant was sentenced to 3 to 15 years' imprisonment. We affirm.
The events in this case were set in motion on March 14, 2008, when Kenneth Conliffe accepted a United Parcel Service (UPS) shipment of a cell phone for Kiara Anderson, his sister's roommate and defendant's girlfriend, at the girls' apartment. Under the impression that Anderson was involved in stealing the phone of his sister's boyfriend, Conliffe explained that after accepting the phone, he threw it in a stream as a means of retaliation. Shortly thereafter, Conliffe received a ride home from his mother and stepfather.
Upon Conliffe's arrival home, he was accosted in his driveway by defendant, Anderson, and Jovanta Jackson. According to Conliffe's mother and stepfather, defendant accused Conliffe of stealing a cell phone and then removed Conliffe's sunglasses at gunpoint before fleeing the scene with his compatriots. Both Conliffe and his mother added that before the assailants left, Jackson told Conliffe to "run his pockets."
Offering a variation on this version of events, Anderson claimed that after learning from UPS that Conliffe had accepted the cell-phone shipment, she, defendant, and Jackson went to Conliffe's house to scare Conliffe into returning her cell phone. Anderson elaborated that although
Following their altercation with Conliffe, the assailants drove off, but were pulled over and arrested when police identified their car and license plate number from a dispatch call regarding an armed robbery. During the course of the arrest, police found Conliffe's glasses and ammunition inside the car. The gun was found the next day in the neighborhood where the assailants were pulled over. Defendant was subsequently tried on a charge of armed robbery, but convicted of the lesser offense previously stated. This appeal ensued.
Defendant first's assignment of error is that the evidence was insufficient to support his unarmed robbery conviction. Due process requires that, to sustain a conviction, the evidence must show guilt beyond a reasonable doubt. People v. Johnson, 460 Mich. 720, 723, 597 N.W.2d 73 (1999). In determining the sufficiency of the evidence, this Court reviews the evidence in the light most favorable to the prosecution. People v. Tombs, 472 Mich. 446, 459, 697 N.W.2d 494 (2005) (opinion by KELLY, J.). We do not consider whether any evidence existed that could support a conviction, but rather, we must determine whether a rational trier of fact could find that the evidence proved the essential elements of the crime beyond a reasonable doubt. People v. Wolfe, 440 Mich. 508, 513-514, 489 N.W.2d 748 (1992), amended 441 Mich. 1201 (1990), citing People v. Hampton, 407 Mich. 354, 366, 285 N.W.2d 284 (1979). "[C]ircumstantial evidence and reasonable inferences arising from th[e] evidence can constitute satisfactory proof of the elements of a crime." People v. Lee, 243 Mich.App. 163, 167-168, 622 N.W.2d 71 (2000) (citation omitted).
The prosecution does not challenge the foregoing, but nonetheless points out that this Court has cited our Supreme Court for the proposition that sufficiency of the evidence issues are subject to de novo review despite the fact that no Michigan Supreme Court case expressly cites that standard. See People v. Hawkins, 245 Mich.App. 439, 457, 628 N.W.2d 105 (2001). In making this argument, the prosecution seems to imply that traditional de novo review would require this Court to overturn a verdict simply because its view of the facts conflicts with the jury's determination. This, however, misapprehends our duty in these cases.
When our Court reviews an issue "de novo," it means that we are addressing a legal issue anew, without any deference to the trial court's conclusion. See, e.g., Mich. Ed. Ass'n v. Secretary of State, 280 Mich.App. 477, 511, 761 N.W.2d 234 (2008) (WHITBECK, J., dissenting); Heindlmeyer v. Ottawa Co. Concealed Weapons Licensing Bd., 268 Mich.App. 202, 218-219, 707 N.W.2d 353 (2005). Hence, when reviewing
See, also, United States v. Kelley, 461 F.3d 817, 825 (C.A.6, 2006).
In light of this explanation, it is easy to see that in articulating the de novo standard of review our prior cases cited Supreme Court decisions that were reviewing the evidence in a de novo fashion, even though not specifically saying so. See, e.g., Tombs, 472 Mich. at 459-461, 697 N.W.2d 494 (opinion by KELLY, J.); Johnson, 460 Mich. at 732-733, 597 N.W.2d 73; Wolfe, 440 Mich. at 516-528, 489 N.W.2d 748. Consequently, we hold that although not expressly articulated by our Supreme Court, the de novo standard of review is proper in reviewing defendants' challenges that the evidence was insufficient to support their convictions.
To be guilty of unarmed robbery, a defendant must (1) feloniously take the property of another, (2) by force or violence or assault or putting in fear, and (3) be unarmed. People v. Johnson, 206 Mich.App. 122, 125-126, 520 N.W.2d 672 (1994); MCL 750.530. Unarmed robbery is a specific intent crime for which the prosecution must establish that the defendant intended to permanently deprive the owner of property. People v. Dupie, 395 Mich. 483, 487, 236 N.W.2d 494 (1975); People v. King, 210 Mich.App. 425, 428, 534 N.W.2d 534 (1995).
It is clear from defendant's own rendition of events that he possessed the requisite intent. On this score, defendant explained that he accompanied Anderson and Jackson for the express purpose of retrieving Anderson's cell phone. When Conliffe subsequently denied having knowledge of Anderson's phone, defendant "snatched" Conliffe's glasses and told him, "you get these back when we get the phone back." In other words, defendant intended to retain Conliffe's glasses and only return them on the condition that Conliffe pay compensation in the form of returning Anderson's phone. Such testimony easily satisfies the intent element of unarmed robbery.
Defendant argues that the testimony of Anderson and Conliffe's mother contained inconsistencies. However, it is for the jury to determine witness credibility and resolve inconsistencies of testimony. People v. Fletcher, 260 Mich.App. 531, 561, 679 N.W.2d 127 (2004). And in any event, defendant's explanation of his words to Conliffe is tantamount to an admission that he possessed the requisite intent.
Before moving on, we note that although not directly challenged by defendant, sufficient evidence existed to satisfy the other elements of the offense. Indeed, Conliffe's mother and stepfather positively identified defendant as the perpetrator who pointed the gun at Conliffe before taking the glasses. An inference of the use of fear or violence (and even that defendant was armed) is easily deducible from such testimony. Thus, the prosecution met its burden of proving the elements of unarmed robbery beyond a reasonable doubt.
Next, defendant challenges the scoring of Offense Variables (OV) 13, 9, 1, and 2. This Court reviews de novo the application of the sentencing guidelines but reviews a trial court's scoring of a sentencing variable for an abuse of discretion. People v. Cannon, 481 Mich. 152, 156, 749 N.W.2d 257 (2008); People v. Hornsby, 251 Mich.App. 462, 468, 650 N.W.2d 700 (2002). "Scoring decisions for which there is any evidence in support will be upheld." People v. Elliott, 215 Mich.App. 259, 260, 544 N.W.2d 748 (1996). Absent an error in the scoring or reliance on inaccurate information in determining the sentence, this Court must affirm a sentence within the applicable guidelines range. MCL 769.34(10); People v. Kimble, 470 Mich. 305,
Defendant first claims the court erroneously scored 10 points for OV 13 by including his juvenile adjudications.
Next, defendant asserts that because Conliffe was the only victim, his score for this OV should be zero instead of 10. MCL 777.39 governs the scoring of OV 9 and provides in part that the trial court assess 10 points if "2 to 9 victims ... were placed in danger of physical injury or death...." MCL 777.39(1)(c). For purposes of scoring this variable, a court is to count each person who was placed in danger of physical injury or loss of life or property during the transaction giving rise to the particular offense as a victim. MCL 777.39(2)(a); People v. McGraw, 484 Mich. 120, 128, 771 N.W.2d 655 (2009).
The presentence investigation report reveals
Defendant challenges the scoring of OVs 1 and 2 on the grounds that he was not convicted of possessing or pointing a firearm toward the victim and because there was no evidence that any other offender was assigned points for the use of
Before concluding, we note that defendant also raises a Blakely challenge,
Affirmed.