People v. Steve Jones

Michigan Court of Appeals

People v. Steve Jones

506 N.W.2d 599, 201 Mich. App. 687

CourtMichigan Court of Appeals

DecidedOctober 4, 1993

DocketDocket 142402

StatusPublished

Cited by1 cases

This text of 506 N.W.2d 599 (People v. Steve Jones) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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People v. Steve Jones, 506 N.W.2d 599, 201 Mich. App. 687 (Mich. Ct. App. 1993).

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Fitzgerald, P.J.

Following a bench trial, defendant was convicted of aiding and abetting possession with the intent to deliver less than fifty grams of cocaine, MCL 333.7401(2)(a)(iv); MSA 14.15(7401)(2)(a)(iv), and was sentenced to IV2 to 20 years’ imprisonment. Defendant appeals as of right. We affirm.

Defendant contends that the evidence was insufficient to support his conviction of aiding and abetting his codefendant, Melvin Metzler. Evidence was presented that a police officer saw defendant accept money from a third person, to whom Metzler then handed a package that appeared to contain narcotics. When defendant and Metzler were apprehended minutes later, defendant had a large sum of money—primarily in small denominations—and Metzler was in possession of eighteen clear plastic bags containing suspected rock cocaine. Defendant stipulated at trial that one of these bags was later determined to contain cocaine.

Defendant did not have to actually possess the cocaine to be convicted. People v Wolfe, 440 Mich 508, 519-521, 524; 489 NW2d 748 (1992); People v Sammons, 191 Mich App 351, 370-372; 478 NW2d 901 (1991). The evidence was sufficient to support the inference that defendant knew Metzler possessed cocaine. Our review of the evidence indicates that it was reasonable for the trier of fact to [689]*689conclude that the essential elements of the crime had been proven beyond a reasonable doubt. People v Petrella, 424 Mich 221, 268-270; 380 NW2d 11 (1985); People v Vaughn, 186 Mich App 376, 379; 465 NW2d 365 (1990).

Defendant also challenges the fact that the trial court made off-the-record comments during its findings. These comments do not mean that the trial court’s findings were insufficient. MCR 6.403; see People v Legg, 197 Mich App 131, 134-135; 494 NW2d 797 (1992); People v Armstrong, 175 Mich App 181, 185; 437 NW2d 343 (1989). There was no objection made at the time and no subsequent record was made concerning the comments for our review. We will not speculate regarding what the trial court may have said. There is nothing on the record that would lead us to assume that there was anything improper in the trial court’s digressions.

Affirmed.

Michael J. Kelly, J., concurred.

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Fitzgerald, P.J.

Following a bench trial, defendant was convicted of aiding and abetting possession with the intent to deliver less than fifty grams of cocaine, MCL 333.7401(2)(a)(iv); MSA 14.15(7401)(2)(a)(iv), and was sentenced to IV2 to 20 years’ imprisonment. Defendant appeals as of right. We affirm.

Defendant contends that the evidence was insufficient to support his conviction of aiding and abetting his codefendant, Melvin Metzler. Evidence was presented that a police officer saw defendant accept money from a third person, to whom Metzler then handed a package that appeared to contain narcotics. When defendant and Metzler were apprehended minutes later, defendant had a large sum of money—primarily in small denominations—and Metzler was in possession of eighteen clear plastic bags containing suspected rock cocaine. Defendant stipulated at trial that one of these bags was later determined to contain cocaine.

Defendant did not have to actually possess the cocaine to be convicted. People v Wolfe, 440 Mich 508, 519-521, 524; 489 NW2d 748 (1992); People v Sammons, 191 Mich App 351, 370-372; 478 NW2d 901 (1991). The evidence was sufficient to support the inference that defendant knew Metzler possessed cocaine. Our review of the evidence indicates that it was reasonable for the trier of fact to [689]*689conclude that the essential elements of the crime had been proven beyond a reasonable doubt. People v Petrella, 424 Mich 221, 268-270; 380 NW2d 11 (1985); People v Vaughn, 186 Mich App 376, 379; 465 NW2d 365 (1990).

Defendant also challenges the fact that the trial court made off-the-record comments during its findings. These comments do not mean that the trial court’s findings were insufficient. MCR 6.403; see People v Legg, 197 Mich App 131, 134-135; 494 NW2d 797 (1992); People v Armstrong, 175 Mich App 181, 185; 437 NW2d 343 (1989). There was no objection made at the time and no subsequent record was made concerning the comments for our review. We will not speculate regarding what the trial court may have said. There is nothing on the record that would lead us to assume that there was anything improper in the trial court’s digressions.

Affirmed.

Michael J. Kelly, J., concurred.

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506 N.W.2d 599, 201 Mich. App. 687, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-steve-jones-michctapp-1993.

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