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STATE OF MICHIGAN COURT OF APPEALS

PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v TODD ALLEN HARDIN, Defendant-Appellant.

UNPUBLISHED September 29, 2009

No. 285639 Macomb Circuit Court LC No. 2007-004542-FC

Before: Saad, C.J., and Whitbeck and Zahra, JJ. PER CURIAM. Defendant Todd Hardin appeals as of right his jury conviction of assault with intent to commit murder.1 The trial court sentenced him as a habitual offender, second offense,2 to 20 to 40 years' imprisonment. We affirm. I. Basic Facts And Procedural History On September 28, 2007, 18-year-old complainant, Anthony Thompson, and some of his friends attended a high school graduation party at a motel. Thompson testified that at about 2:00 a.m., a ruckus ensued in the parking lot between the group of people he was with and another group of people. As Thompson was attempting to leave, he heard someone say, "Who wants to get burned?" When Thompson turned around, Hardin lunged at him and stabbed him in the chest with an eight-inch long knife. Thompson testified that he did not communicate with Hardin at the party or in the parking lot, and had not done anything to Hardin. Immediately after stabbing Thompson, Hardin removed the knife and fled. Thompson struggled to breath, bled profusely, and was transported to the hospital. Thompson's treating physician testified that the approximate three-centimeter stab wound was within one inch of Thompson's heart, was "lifethreatening," and even though the wound was non-fatal, it could have been fatal if it had been inflicted one inch up, down, or to the right. The defense theory at trial was that Hardin did not intend to kill anyone, but was highly intoxicated and caught in the middle of a drunken m

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