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STATE OF MICHIGAN
COURT OF APPEALS


PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v DAMOND ROSS, Defendant-Appellant.

UNPUBLISHED February 28, 2006

No. 257074 Wayne Circuit Court LC No. 04-003503-01

Before: Cooper, P.J., and Jansen and Markey, JJ. MEMORANDUM. Defendant was charged with armed robbery, MCL 750.529, felon in possession of a firearm, MCL 750.224f(2), and possession of a firearm during the commission of a felony, MCL 750.227b(1). Following a bench trial, defendant was convicted of armed robbery and acquitted of the weapons offenses. He appeals as of right. We affirm. Defendant's sole claim on appeal is that the trial court impermissibly rendered an inconsistent verdict. We disagree. Both felony-firearm and felon in possession of a firearm require proof that the defendant possessed a firearm. People v Perkins, 473 Mich 626, 636; 703 NW2d 448 (2005); People v Mitchell, 456 Mich 693, 698; 575 NW2d 283 (1998). Armed robbery, on the other hand, requires proof that the defendant was "armed with a dangerous weapon described in the statute." People v Lee, 243 Mich App 163, 168; 622 NW2d 71 (2000). The statute refers to "a dangerous weapon, or any article used or fashioned in a manner to lead the [victim] to reasonably believe it to be a dangerous weapon." MCL 750.529. This means that the defendant "must be armed with an article which is in fact a dangerous weapon

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