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STATE OF MICHIGAN COURT OF APPEALS

PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v TERRANCE RICHARDSON, Defendant-Appellant.

UNPUBLISHED January 12, 2012

No. 300475 Wayne Circuit Court LC No. 10-000172-FC

Before: DONOFRIO, P.J., and STEPHENS and RONAYNE KRAUSE, JJ. PER CURIAM. Following a bench trial, defendant was convicted of first-degree premeditated murder, MCL 750.316(1)(a), two counts of assault with intent to commit murder, MCL 750.83, and one count each of felonious assault, MCL 750.82, felon in possession of a firearm, MCL 750.224f, and possession of a firearm during the commission of a felony, MCL 750.227b. He was sentenced to life in prison for the murder conviction, to be served concurrently with prison terms of 5 to 15 years for each assault with intent to commit murder conviction, one to four years for the felonious assault conviction, and one to five years for the felon-in-possession conviction, all to be served consecutively to a two-year term of imprisonment for the felony-firearm conviction. He appeals as of right. We affirm. Defendant's convictions arise from a shooting incident in a store parking lot. The prosecution witnesses generally agreed that defendant challenged Darryl Gilliam-French to a fight. Shortly thereafter, Vincent Anderson, drove into the parking lot and joined GilliamFrench. Anderson and defendant had been in a fight a few weeks earlier. According to witnesses, codefendant Frederick Campbell1 or another person shot Anderson in the leg. Anderson ran from the scene along with two other passengers from his car, Demarco Edwards and Christopher Hollins. Witnesses testified that defendant fired several gunshots at Anderson, Hollins, and Edwards as they were fleeing. Hollins was shot in the neck and died from his injury. Defendant then turned and pointed his gun at another passenger, Eric McWilliams, and ordered McWilliams out of the car. Defendant then entered a vehicle and left.

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Campbell was acquitted of all charges.

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I. EVIDENCE OF INTENT AND PREMEDITATION Defendant argues that there was insufficient evidence of an intent to kill and premeditation to support his convictions for first-degree premeditated murder and assault with intent to commit murder. We disagree. We review a challenge to the sufficiency of the evidence in a bench trial de novo. People v Wilkens, 267 Mich App 728, 738; 705 NW2d 728 (2005). The evidence is viewed "in a light most favorable to the prosecution to determine whether the trial court could have found that the essential elements of the crime were proved beyond a reasonable doubt." Id. Circumstantial evidence and the reasonable inferences drawn therefrom may be sufficient to prove the elements of a crime. People v Gayheart, 285 Mich App 202, 216; 776 NW2d 330 (2009). The trial court's findings of fact are reviewed under the clearly erroneous standard. People v Robinson, 475 Mich 1, 5; 715 NW2d 44 (2006). "A finding is clearly erroneous when, although there is evidence to support it, the reviewing court is left with a definite and firm conviction that a mistake has been made." People v Lanzo Constr Co, 272 Mich App 470, 473; 726 NW2d 746 (2006). The elements of first-degree premeditated murder are that the defendant killed the victim and that the killing was "willful, deliberate, and premeditated[.]" MCL 750.316(1)(a). People v Bowman, 254 Mich App 142, 151; 656 NW2d 835 (2002). To be convicted of first-degree premeditated murder, the prosecution must prove that the defendant intentionally killed the victim and that the killing was done with premeditation and deliberation. People v Taylor, 275 Mich App 177, 179; 737 NW2d 790 (2007). "Premeditation and deliberation require sufficient time to allow the defendant to take a second look." People v Abraham, 234 Mich App 640, 656; 599 NW2d 736 (1999) (citation omitted). "Premeditation and deliberation may be established by evidence of `(1) the prior relationship of the parties; (2) the defendant's actions before the killing; (3) the circumstances of the killing itself; and (4) the defendant's conduct after the homicide.'" Id. (citation omitted). Second-degree murder has four elements: (1) a death, (2) caused by defendant, (3) with malice, and (4) without lawful justification or excuse. People v Smith, 478 Mich 64, 70; 731 NW2d 411 (2007). "[M]alice is the intention to kill, the intention to do great bodily harm, or the wanton and willful disregard of the likelihood that the natural tendency of defendant's behavior is to cause death or great bodily harm." People v Aaron, 409 Mich 672, 720; 299 NW2d 304 (1980). The elements of assault with intent to commit murder are (1) an assault; (2) with an actual intent to kill; (3) that, if successful, would make the killing murder. People v Brown, 267 Mich App 141, 147

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