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STATE OF MICHIGAN COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v GERALD ANTONIO BUSH, Defendant-Appellant. No. 291170 Wayne Circuit Court LC No. 08-016254-FH UNPUBLISHED August 26, 2010

Before: K. F. KELLY, P.J., and WILDER and GLEICHER, JJ. PER CURIAM. Following a jury trial, defendant was convicted of felon in possession of a firearm, MCL 750.224f, carrying a concealed weapon, MCL 750.227, and possession of a firearm during the commission of a felony, MCL 750.227b. He was sentenced to concurrent prison terms of nine months to five years for the felon in possession and carrying a concealed weapon convictions, and a consecutive two-year term of imprisonment for the felony-firearm conviction. He appeals as of right. We affirm. Defendant argues that he is entitled to a new trial because trial counsel was ineffective. We disagree. In the absence of an evidentiary hearing pursuant to People v Ginther, 390 Mich 436; 212 NW2d 922 (1973), this Court's review is limited to errors apparent on the record. People v Williams, 223 Mich App 409, 414; 566 NW2d 649 (1997). "Generally, to establish ineffective assistance of counsel, a defendant must show that (1) counsel's performance fell below an objective standard of reasonableness under professional norms and (2) there is a reasonable probability that, but for counsel's errors, the result would have been different and the result that did occur was fundamentally unfair or unreliable." People v Seals, 285 Mich App 1, 17; 776 NW2d 314 (2009). At trial, defendant's theory was that the police planted a gun on him during a traffic stop. The basis of defendant's first claim of ineffective assistance occurred after defense counsel asked Sergeant Harris, "This wasn't a dropsy gun, was it?" Sergeant Harris initially responded by asking, "Do I have to answer that, Your Honor?" The court stated, "Go ahead. He asked the question. Answer it any way you need to." Sergeant Harris then testified: Sir, I take my job very seriously as a police officer. I do it with great distinction, I do it with great honor, I do it with great pride. I have a family that I have to support and I have parents

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