581 The defendant appealed arguing that the insurance company was not a victim

581 the defendant appealed arguing that the insurance

This preview shows page 49 - 51 out of 64 pages.

581 The defendant appealed, arguing that the insurance company was not a “victim” entitled to restitution under the Crime Victim’s Rights Act. 582 The court of appeals affirmed. 583 Although the investigator was a salaried employee and would have been paid the same amount even if the defendant had not committed the fraud, the court found the insurance company “lost the time-value of” the forty-four hours the investigator had to spend in the fraud investigation. 584 It was the loss of time, the court noted, that was a direct financial harm to the insurance company 585 Thus, the trial court did not err in ordering the restitution. 586 XII. D OUBLE J EOPARDY A. Differing Elements of the Offense In People v. Strickland , the defendant was convicted of breaking into the home of an elderly couple and assaulting the husband. 587 The husband had “armed himself with a gun,” and the defendant tried to take it away from him. 588 The gun went off three times, and the homeowner was shot in the hand. 589 He was charged with first-degree home invasion, 590 assault with intent to do great bodily harm less than murder, 591 felon in possession of a firearm, 592 felonious assault, 593 and 579. Id . at 280 580. Allen , 295 Mich. App. at 280. 581. Id . 582. Id. at 281-82 (citing M ICH . C OMP . L AWS A NN . § 780.766(1)-(2) (West 2012)). 583. Id. at 283. 584. Id. 585. Id. 586. Allen , 295 Mich. App. at 283. 587. People v. Strickland, 293 Mich. App. 393, 396; 810 N.W.2d 660 (2011), appeal denied , 490 Mich. 1002; 807 N.W.2d 321 (2012). 588. Id. 589. Id. 590. M ICH . C OMP . L AWS A NN . § 750.110a(2) (West 2012). 591. M ICH . C OMP . L AWS A NN . § 750.84 (West 2012). 592. M ICH . C OMP . L AWS A NN . § 750.224f (West 2012).
642 THE WAYNE LAW REVIEW [Vol. 58: 593 possession of a firearm during the commission of a felony. 594 He was sentenced as a fourth-degree habitual offender to 320 months to sixty years in prison for the first-degree home invasion, concurrent to the sentences for the other offenses. 595 On appeal, he argued that his dual convictions for both assault with intent to do great bodily harm less than murder and felonious assault violate double jeopardy. 596 The court of appeals rejected defendant’s argument and affirmed his convictions. 597 The court pointed out that the Michigan Supreme Court addressed this issue in People v. Stawther , 598 and found that convictions for both offenses do not violate double jeopardy because the two offenses have different elements. 599 The elements of assault with intent to do great bodily harm less than murder are: (1) an attempt or threat with force or violence to do corporal harm to another, i.e., an assault, and (2) an intent to do great bodily harm less than murder. 600 The felonious assault statute provides: (1) Except as provided in subsection (2), a person who assaults another person with a gun, revolver, pistol, knife, iron bar, club, brass knuckles, or other dangerous weapon without intending to commit murder or to inflict great bodily harm less than murder is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $2,000.00, or both.

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