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STATE OF MICHIGAN
COURT OF APPEALS


PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v ELGIE SANTINO GRAYS, Defendant-Appellant.

UNPUBLISHED July 15, 2008

No. 277866 Wayne Circuit Court LC No. 06-008306-01

PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v DAVID CURRIE, JR., Defendant-Appellant. No. 278072 Wayne Circuit Court LC No. 06-008305-01

Before: Owens, P.J., and O'Connell and Davis, JJ. PER CURIAM. In this consolidated appeal, defendants Elgie Santino Grays and David Currie were convicted by separate juries for charges arising from a crime spree targeting various motorists early in the morning of April 28, 2006 on the west side of Detroit. Grays was convicted of one count of second-degree murder for the murder of Officer Charles Phipps, MCL 750.317, one count of first-degree felony murder for the murder of Phipps, MCL 750.316(1)(b), one count of carjacking of John Feazell, MCL 750.529a(1), three counts of armed robbery for the robberies of Feazell, Marie Leinonen, and Dewayne Smith, MCL 750.529, one count of assault with intent to murder Leinonen, MCL 750.83, one count of felon in possession of a firearm, MCL 750.224f(3), and one count of possession of a firearm during the commission of a felony (felony-firearm), MCL 750.227b(1). Currie was convicted of one count of carjacking of Feazell, MCL 750.529a(1), three counts of armed robbery for the robberies of Feazell, Leinonen, and

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Smith, MCL 750.529, one count of assault with intent to murder Leinonen, MCL 750.83, one count of felon in possession of a firearm, MCL 750.224f(3), and one count of felony-firearm, MCL 750.227b(1).1 The trial court sentenced Grays as a fourth habitual offender, MCL 769.12, to concurrent sentences of life imprisonment for each murder conviction and 420 to 700 months' imprisonment for each carjacking, armed robbery, assault with intent to commit murder, and felon in possession of a firearm conviction, and a consecutive sentence of two years' imprisonment for the felony-firearm conviction. The court sentenced Currie as a third habitual offender, MCL 769.11, to concurrent sentences of 35 to 70 years' imprisonment for each carjacking, armed robbery, and assault with intent to commit murder conviction and five to ten years' imprisonment for the felon in possession of a firearm conviction, and to a consecutive sentence of two years' imprisonment for the felony-firearm conviction.2 Defendants appeal as of right. We affirm. I. Ineffective Assistance of Grays' Counsel Grays claims that he was denied the effective assistance of counsel at trial. We disagree. Our review of a claim of ineffective assistance of counsel is limited to the facts contained on the record. People v Rodriguez, 251 Mich App 10, 38; 650 NW2d 96 (2002). The determination whether a defendant has been deprived of the effective assistance of counsel presents a mixed question of fact and constitutional law. People v Grant, 470 Mich 477, 484; 684 NW2d 686 (2004). "A judge must first find the facts, then must decide whether those facts establish a violation of the defendant's constitutional right to the effective assistance of counsel." Id. We review the trial court's factual findings for clear error and its constitutional determinations de novo. Id. at 484

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Michigan Law