People v. Reeves

Defendant appeals as of right from his bench trial conviction of assault with intent to rob while unarmed (awir-u), MCL 750.88; MSA 28.283. We vacate defendant’s conviction of AWIR-U and remand for determination if sufficient evidence was presented to convict defendant of a lesser included offense and, if so, for entry of a judgment of conviction of such charge and for resentencing.

Complainant Brown, a truckdriver, testified that in April 1994 he was making a delivery of beer to a party store when defendant approached him at his truck and requested a case of beer. When Brown refused,…