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PEOPLE v. REEVES

Docket No. 109446, Calendar No. 7.

580 N.W.2d 433 (1998)

458 Mich. 236

PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Fred Daniel REEVES, Defendant-Appellee.

Supreme Court of Michigan.

Decided July 21, 1998.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, John D. O'Hair, Prosecuting Attorney, and Timothy A. Baughman, Chief of Research, Training and Appeals, for people.

Paul G. Staten, Detroit, for defendant.

BRICKLEY, Justice.

We are asked to consider whether evidence of a victim's reasonable apprehension of an immediate battery satisfies the assault element of assault with intent to rob while unarmed (AWIR-U).1 The Court of Appeals reversed defendant's conviction of that offense on the basis that there was no proof that defendant possessed the actual ability to carry out the threatened battery. We conclude that an assailant's undisclosed...

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