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STATE OF MICHIGAN
COURT OF APPEALS


PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v ROY DANNELL JONES, JR., Defendant-Appellant.

UNPUBLISHED September 17, 1996

No. 172564 LC No. 93-127470

Before: Gribbs, P.J., and Marilyn Kelly, and White, JJ. PER CURIAM. Defendant, a juvenile, was convicted by a jury of assault with intent to commit murder, MCL 750.83; MSA 28.278, armed robbery, MCL 750.529; MSA 28.797, kidnapping, MCL 750.349; MSA 28.581, breaking and entering an occupied dwelling with intent to commit larceny, MCL 750.100; MSA 28.645, and unlawfully driving away an automobile, MCL 750.413; MSA 28.645. Following a sentencing disposition hearing, the trial court determined to sentence defendant as an adult and imposed concurrent sentences of twenty to thirty years for the assault, ten to twenty years for the armed robbery, five to fifteen years for the breaking and entering, and two to five years for the UDAA. Defendant appeals, asserting prosecutorial misconduct and dispositional and sentencing error. We affirm. I On August 17, 1993, complainant, Brad Proper, who was sixty-two years old at the time of trial, was beaten with a pipe, robbed, abducted, stripped of his clothes and thrown into a lake. His truck was then stolen and his home broken into. Defendant and codefendant, Craig Wiggins, whom Proper identified at trial as his assailants, were arrested leaving Proper's home in his truck with items from Proper's home in the truck. Defendant and Wiggins were tried separately. At trial, Proper gave the following account of the events. He was working alone the night of August 17 at the Scrub-a-Dub Laundromat. He was washing his pickup truck outside the Laundromat at approximately 2:00 a.m. when he was approached by three men. 1 One man struck him several times with a 2

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