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STATE OF MICHIGAN COURT OF APPEALS

PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v DWAYNE EDWARD JONES, Defendant-Appellant.

UNPUBLISHED October 15, 1996

No. 181011 LC No. 93-012011

Before: Reilly, P.J., and White, and P.D. Schaefer,* JJ. PER CURIAM. Following a bench trial, defendant was convicted of assault with intent to murder, MCL 750.83; MSA 28.278, and possession of a firearm during the commission of a felony, MCL 750.227b; MSA 28.424(2). Defendant pleaded guilty of being an habitual offender, fourth offense, MCL 769.12; MSA 28.1084. His twenty-five to seventy-five year sentence for the assault conviction was vacated, and defendant was sentenced to 50 to 150 years for the habitual offender conviction to be served consecutively to the two-year sentence for the felony firearm conviction. Defendant now appeals of right, and we affirm. On August 10, 1993, around 3:00 a.m., Gerald Hagler became the victim of a drive-by shooting in Inkster, near the corner of Pine and Henry. Hagler testified at trial that shots were fired at him from a car as he walked down the street. Hagler was unable to see the occupants of the car. He saw one gun being fired from the passenger side of the car. He saw "fire" coming from two locations in the car, "like the front and the back." He heard two different sounds of gunshots. An eyewitness acquainted with defendant and codefendant Roy Harrington testified that he saw them in the car. Harrington was in the front passenger seat, and defendant was in the back seat on the passenger side. The witness did not recognize the driver. The witness testified that he saw the car at the corner of Henry and Pine, heard shots, and saw the muzzle flash from the front and back seats of the passenger side of the car. The witness gave the police the license plate number of the car. It was traced to

* Circuit judge, sitting on the Court of Appeals by assignment.
-1

codefendant Harrington's mother. A search of the car produced shell casings on the floor of the back seat, on both the passenger and driver sides. In his first issue on appeal, defendant argues that he was denied his right to a speedy trial by the nearly nine month delay between his arrest and the trial. The right to a speedy trial is guaranteed by the federal and state constitutions, US Const, Am VI; Const 1963, art 1,

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