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PEOPLE OF MI V DAVID DEWAYNE ALDRIDGE
State: Michigan
Court: Court of Appeals
Docket No: 280984
Case Date: 01/27/2009
Preview:STATE OF MICHIGAN COURT OF APPEALS

PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v DAVID DEWAYNE ALDRIDGE, Defendant-Appellant.

UNPUBLISHED January 27, 2009

No. 280984 Jackson Circuit Court LC No. 07-003583-FC

Before: Owens, P.J., and Sawyer and Markey, JJ. PER CURIAM. Following a jury trial, defendant was convicted of armed robbery, MCL 750.529; felon in possession of a firearm, MCL 750.224f; and possession of a firearm during the commission of a felony (felony-firearm), MCL 750.227b. He was sentenced as an habitual offender, fourth offense, MCL 769.12, to concurrent terms of 25 to 40 years' imprisonment for armed robbery and 25 to 40 years' imprisonment for felon in possession of a firearm, to run consecutively to his sentence of two years' imprisonment for the felony-firearm conviction. We affirm. Defendant first argues that the trial court erred in permitting hearsay testimony at trial. This unpreserved issue is reviewed for plain error affecting defendant's substantial rights. People v Carines, 460 Mich 750, 763-764; 597 NW2d 130 (1999). Even where such error is found, this Court will reverse the trial court judgment only if a plain error resulted in the conviction of an innocent defendant or seriously affected the fairness, integrity, or public reputation of the judicial proceedings. Id. at 763. At trial, the victim, Steven Nelson, testified that immediately before defendant and Russell Baxter attacked him he received a telephone call from Tina Zawacki warning him, "Don't do it, don't
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