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STATE OF MICHIGAN COURT OF APPEALS

PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v LAMONT ANTHONY COOK, Defendant-Appellant.

UNPUBLISHED November 12, 2009

No. 287735 Wayne Circuit Court LC No. 08-001687-FC

Before: Stephens, P.J., and Cavanagh and Owens, JJ. PER CURIAM. Defendant appeals as of right his bench trial convictions for armed robbery, MCL 750.529, carjacking, MCL 750.529a, felonious assault, MCL 750.82, and possession of a firearm during the commission of a felony (felony-firearm), MCL 750.227b. He was sentenced to 11 to 25 years for the armed robbery conviction and carjacking convictions, two to four years for the felonious assault conviction, and two years for the felony-firearm conviction. We affirm. Defendant's sole claim on appeal is that there was insufficient evidence to support his felony-firearm conviction. We disagree. When analyzing a claim based on insufficient evidence, this Court reviews the record de novo. People v Mayhew, 236 Mich App 112, 132; 600 NW2d 370 (1999). The evidence is viewed in a light most favorable to the prosecutor to determine whether a rational trier of fact could find that the essential elements of the crime were proven beyond a reasonable doubt. People v Cline, 276 Mich App 634, 642; 741 NW2d 563 (2007). Defendant argues that the prosecution failed to present legally sufficient evidence to support defendant's conviction for felony-firearm. Defendant claims the prosecution did not present any evidence that the firearm at issue was a real firearm or that it was an operable firearm. Defendant argues that the felony-firearm statute requires that the prosecution, as part of its case in chief, prove that defendant had a firearm that was operable. Because the prosecution failed to do so, defendant's felony-firearm conviction should be reversed. The elements of felony-firearm are that the defendant possessed a firearm during the commission of, or the attempt to commit, a felony. People v Taylor, 275 Mich App 177, 179; 737 NW2d 790 (2007). A firearm is a weapon from which a dangerous projectile may be propelled by an explosive, or by gas or air. MCL 750.222(d); People v Osantowski, 274 Mich App 593, 610; 736 NW2d 289 (2007), rev'd in part on other grounds 481 Mich 103 (2008). -1-

In the past, there has been some controversy over the definition of a firearm

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