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Michigan Supreme Court Lansing, Michigan 48909
C hief Justice Justices
Maura D. Corrigan Michael F. Cavanagh Elizabeth A. Weaver Marilyn Kelly Clifford W. Taylor Robert P. Young, Jr.
Opinion Stephen J. Markman
FILED JULY 11, 2002

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff,

v Nos. 117750, 118078

KALVIN RANDOLPH,

Defendant.

BEFORE THE ENTIRE BENCH
KELLY, J.

On appeal from defendant's conviction for unarmed
robbery, the Court of Appeals reversed the judgment for
insufficient evidence and remanded for entry of a conviction
of larceny in a building.  242 Mich App 417; 619 NW2d 168
(2000).  It provided that the prosecutor could retry defendant
on the original unarmed robbery charge if it had additional
evidence.  Both the prosecution and defendant appeal from that
decision.

We conclude that defendant could not be convicted of
unarmed robbery under the facts of this case.  We also
reassert that a defendant cannot be retried on a charge not
previously supported by sufficient evidence where additional
evidence is discovered to support it.  Therefore, we affirm
the Court of Appeals decision in part, reverse it in part, and
remand for entry of a judgment of conviction of larceny in a
building and for resentencing.

I. Factual and Procedural History

Defendant took merchandise valued at approximately $120
from a Meijer store.  After purchasing other items, he left
the store with a rotary tool, a battery, a battery charger,
and a thermostat without paying for them. The store's loss

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Michigan Law