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STATE OF MICHIGAN COURT OF APPEALS

PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v CRAIG SPENCER HODGES, Defendant-Appellant. Before: CAVANAGH, P.J., and SAWYER and METER, JJ. PER CURIAM.

UNPUBLISHED December 22, 2011

No. 300962 Gratiot Circuit Court LC Nos. 10-006035-FH 10-006036-FH 10-006037-FH

Following a jury trial, defendant was convicted of one count of operating a motor vehicle without security (insurance), MCL 500.3102 (LC No. 10-006035-FH), one count of driving with a suspended license, second offense, MCL 257.904(3)(b) (LC No. 10-006036-FH), and one count of carrying a concealed weapon (CCW), MCL 750.227(1) (LC No. 10-006037-FH). Defendant was sentenced to concurrent terms of six months in jail for both operating a motor vehicle without insurance and driving while license suspended, and 13 to 60 months' imprisonment for CCW. Defendant appeals as of right and is only challenging his CCW conviction. We affirm. In July 2010, defendant was stopped by police for speeding while driving his motorcycle. As defendant reached for his wallet to retrieve his identification at the request of the patrol officer, the officer noticed a wooden handle sticking out from underneath defendant's leather coat. It was determined to be a knife handle, the blade of which was in a sheath tucked into defendant's pocket. At the time of the traffic stop, defendant was on his way to his attorney's office to drop off mortgage papers. Defendant argues on appeal that the evidence presented at trial was insufficient to convict him of CCW because there was evidence showing that he was carrying a hunting knife to be used for hunting purposes, specifically for fishing. We disagree. We review sufficiency-of-the-evidence claims de novo, People v Hawkins, 245 Mich App 439, 457; 628 NW2d 105 (2001), with an eye toward determining whether a rational trier of fact could conclude that the essential elements of the crime were proven beyond a reasonable doubt, People v Wolfe, 440 Mich 508, 515-514; 489 NW2d 748 (1992).1 In doing so, all evidence must be viewed in a light most favorable to the prosecution. People v Railer, 288 Mich App 213, 216; 792 NW2d 776 (2010). We defer to the fact-finder's weighing of the evidence and assessment of the credibility of the witnesses. Wolfe, 440 Mich at 514.

1

Amended on other grounds 441 Mich 1201 (1992). -1-

To convict a defendant of CCW, the prosecution must prove beyond a reasonable doubt that the defendant knowingly carried a dangerous weapon, concealed on or about his person. MCL 750.227(1). Our Supreme Court noted that some weapons are dangerous weapons per se, including the cutting instruments set forth in

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