People v. Rush

Defendant was convicted by a jury of assault with intent to do great bodily harm less than murder, MCL 750.84; MSA 28.279, and larceny in a building, MCL 750.360; MSA 28.592. After the jury returned its verdict, the trial court granted defendant’s motion to dismiss the assault charge. Defendant was then convicted, after a bench trial, of being a habitual offender, MCL 769.12; MSA 28.1084, and was sentenced to a term of 5 to 15 years imprisonment. Defendant appeals as of right from each of her convictions, and the people appeal from the trial court’s order dismissing the assault charge.

Defendan…