Don't Miss       July 15, 2004 v No. 247826 Macomb Circuit Court
LC No. 02-003692-FC   Defendant was convicted by a jury of
assault with intent to commit murder, MCL 750.83, carrying a
concealed weapon, MCL 750.227, and possession of a firearm
during the commission of a felony, MCL 750.227b. The trial court
sentenced defendant to twenty to forty years? imprisonment for
assault with intent to murder, two to five years? imprisonment
for carrying a concealed weapon, and a two-year consecutive
sentence for felony-firearm. He appeals as of right, and we
affirm. This case involves a drive-by shooting that occurred in
the early morning hours of June 29, 2002. Tyrone Horton
testified that he had been sitting on the curb, waiting for his
wife to pick him up, when he heard gun shots and saw others
running. He got up and was shot in the back as he tried to run.
Vincent Durr was an eyewitness who provided the police with a
description of the shooter, and identified defendant in a
photographic lineup. Durr?s pre-trial id