Preview:

STATE OF MICHIGAN
COURT OF APPEALS


PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v HERMAN LEWIS CHEESE, Defendant-Appellant.

UNPUBLISHED December 18, 2007

No. 272311 Oakland Circuit Court LC No. 2006-208232-FC

Before: Wilder, P.J., and Borrello and Beckering, JJ. PER CURIAM. Following a jury trial, defendant was convicted of assault with intent to commit armed robbery, MCL 750.89; assault with intent to do great bodily harm, MCL 750.84; possession of a firearm by a felon, MCL 750.224f; and three counts of possession of a firearm during the commission of a felony, MCL 750.227b. Defendant was sentenced as a fourth habitual offender, MCL 769.12, to 25 to 50 years' imprisonment for the assault with intent to commit an armed robbery conviction, 15 to 30 years' imprisonment for the assault with intent to do great bodily harm conviction, 5 to 10 years' imprisonment for the felon in possession of a firearm conviction, and two years' imprisonment for each felony-firearm conviction. We affirm. On February 22, 2006, defendant entered a party store in Farmington Hills, Michigan, grabbed a package of beer and proceeded to the counter. After placing the beer on the counter and exchanging greetings with the clerk, a masked man entered the party store with a gun drawn. Defendant then moved around the counter, drew a gun and pointed it at the clerk, and demanded money. The clerk hit the panic button, after which defendant fired at least three shots, hitting the clerk once in the right leg and twice in the left leg. Defendant and the masked man fled empty handed. The clerk lived, but required two surgeries. Surveillance videotape captured the crimes. Defendant contends that he suffered a deprivation of his constitutional right to counsel, because his counsel provided ineffective assistance by failing to request a live line-up following the victim's failure to positively identify defendant in a photographic array. We disagree. Where the claim for ineffective assistance of counsel is unpreserved, our review is limited to errors apparent on the record. People v Matuszak, 263 Mich App 42, 48; 687 NW2d 342 (2004). The United States Constitution provides: "In all criminal prosecutions, the accused shall enjoy the right to . . . have the Assistance of Counsel for his defence." US Const, Am VI. Similarly, the Michigan Constitution provides: "In every criminal prosecution, the accused shall -1-


have the right . . . to have the assistance of counsel for his or her defense . . . ." Const 1963, art 1,

Download PEOPLE OF MI V HERMAN LEWIS CHEESE.pdf

Michigan Law