People of Michigan v. Benjamin Keith McKewen

*346Following a jury trial, defendant appeals his convictions of assault with intent to do great bodily harm less than murder (AWIGBH), MCL 750.84(1)(a), and felonious assault, MCL 750.82. The trial court sentenced defendant to concurrent prison terms of 5 to 10 years for the AWIGBH conviction and two to four years for the felonious-assault conviction. For the reasons set forth in this opinion, we affirm defendant's conviction for AWIGBH but vacate his conviction for felonious assault.

I. FACTS

Defendant's convictions arose from an altercation between himself and the complainant, Aristotle Zarkin,…