Order Michigan Supreme Court
Lansing, Michigan
February 6, 2013 Robert P. Young, Jr.,
Chief Justice
Michael F. Cavanagh
Stephen J. Markman
146238 Mary Beth Kelly
Brian K. Zahra
Bridget M. McCormack,
Justices
PEOPLE OF THE STATE OF MICHIGAN,
Plaintiff-Appellant,
v SC: 146238
COA: 305107
Wayne CC: 11-002420-FH
JAMES MICHAEL GEIERMAN,
Defendant-Appellee.
_________________________________________/
On order of the Court, the application for leave to appeal the September 18, 2012
judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in
lieu of granting leave to appeal, we REVERSE, in part, the judgment of the Court of
Appeals and REINSTATE the defendant’s conviction for felonious assault because the
evidence was sufficient to sustain his conviction for that offense. The defendant broke
into a home, threatened to strike the occupants with what appeared to be a small bat or
club, and thus attempted “to commit a battery or [committed] an unlawful act that
place[d] another in reasonable apprehension of receiving an immediate battery.” People
v Nickens, 470 Mich 622, 628 (2004) (quotation marks and citations omitted). The Court
of Appeals is required to view the evidence in a light most favorable to the prosecution.
It was not empowered to substitute its judgment for that of the circuit court. People v
Wolfe, 440 Mich 508, 515-516 (1992).
I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
February 6, 2013 _________________________________________
s0130 Clerk