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STATE OF MICHIGAN COURT OF APPEALS

PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, V DEQUANDRE LONZO HUNT, Defendant-Appellant.

UNPUBLISHED March 17, 2011

No. 295967 Genesee Circuit Court LC No. 09-025397-FC

Before: WILDER, P.J., and SAAD and DONOFRIO, JJ. PER CURIAM. Defendant appeals as of right his jury trial convictions of possession of less than 25 grams of cocaine, MCL 333.7403(2)(a)(v), and first-degree home invasion, MCL 750.110a(2).1 The trial court sentenced defendant as a second habitual offender to two to six years for cocaine possession and 78 months to 30 years for first-degree home invasion. Because sufficient evidence supported defendant's convictions, defense counsel was not ineffective at trial, and defendant is not entitled to resentencing, we affirm. This case stems from a missing blue bicycle. The crux of the case involves the testimony of the complainants, Joshua Samuel and Amy Ogg, as well as a 12-year-old witness, Jakavious Darquell Hamilton, that defendant came to Samuel and Ogg's apartment door armed with a handgun demanding the return of defendant's cousin's bicycle. Ogg testified that she and Samuel reside together in an apartment in Burton, Michigan. Ogg testified that on July 16, 2009, around 7:00 pm she was watching television with her young son when Samuel ran into the apartment yelling that she should call 911. She got up to see what was going on and saw defendant standing in her apartment pointing a gun in Samuel's face. She safeguarded her son, retrieved her telephone and then called 911. When defendant saw her calling the police he put the gun away and started to leave the apartment. Ogg told 911 that there

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The jury acquitted defendant of the following counts: assault with a dangerous weapon, MCL 750.82; assault with intent to rob while armed, MCL 750.89; carrying a concealed weapon, MCL 750.227; felon in possession of a firearm, MCL 750.224f; and felony firearm, MCL 750.227b.

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was "a black man with a gun" in her apartment. Ogg stated that defendant asked Samuel about defendant's cousin's bicycle. Defendant accused Samuel of stealing the bicycle with a loud voice. After defendant left, she locked the apartment door and waited for the police. When the police arrived she gave the police her statement. Shortly thereafter police asked Ogg to identify defendant. She stated that she went with police to their car and he was sitting in the car. Ogg identified defendant as the person who came into her apartment with a gun. Ogg testified that Samuel worked on bikes regularly and that there were bikes piled up on the corner of the apartment. When he works on bikes he lays out a tarp in the middle of the living room. At the time defendant came to the apartment, defendant was only working on Ogg's bicycle. But there were at least six bikes in the apartment at the time defendant came into the apartment. According to Ogg, Samuel fixes bikes for the children in the neighborhood for free. Samuel testified that he is not currently employed but does maintenance work at the apartment complex for a percentage off his rent. Samuel's hobby is to ride and work on bicycles. He stated that he fixes bikes for the children in the apartment complex because they do not have the money to do it themselves. Samuel testified that on July 16, 2009, he spent the day working on his own bike first and then on Ogg's bike in the living room of their apartment. Some of the kids in the complex came by the apartment that day while he was working on the bikes. The kids (age range 6 to 11 years old) regularly stop by and hang out with Samuel while he works on bikes and they sometimes all go on bike rides. According to Samuel, at about 7:00

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Michigan Law