People v. Gaines

*232Marilyn Kelly, J.

A jury convicted defendant of inmate assault on a prison employee and habitual offender, third offense. MCL 750.197c; MSA 28.394(3), MCL 769.11; MSA 28.1083. The trial court sentenced him to five to eight years’ imprisonment, to run consecutive to the sentence he was serving when he committed the assault. Defendant appeals as of right, arguing that there was insufficient evidence to sustain his assault conviction. Reluctantly, we agree and reverse.

Defendant was incarcerated at Ionia Maximum Facility. Sergeant Phil Waldron worked there as the supervisor of a response team…