People v. Hendricks

In this case, we are asked to determine if the trial court committed error requiring reversal by refusing defendant’s request to instruct the jury on the felony of unauthorized driving away of an automobile (udaa),1 as a cognate, lesser included offense to a principal charge of armed robbery.2 We hold that there was no error in the refusal to provide the cognate offense instruction because udaa and armed robbery are not of the same class or category of offenses. People v Ora Jones, 395 Mich 379, 388; 236 NW2d 461 (1975). We therefore affirm the decision of the Court of Appeals upholding the…