People v. Fernandez

Defendant appeals as of right his conviction by jury of assault with intent to do great bodily harm less than murder, MCL 750.84; MSA 28.279. Sentenced January 16, 1985, to four to ten years in prison, he appeals, raising three claims of error. We affirm.

The charges against defendant resulted from a fight on the curb outside defendant’s home between defendant and Jeffrey Salazar in the early evening of July 13, 1984. It was the theory of the prosecution, as instructed to the jury, that the fight occurred when without provocation defendant challenged Salazar to fight, that Salazar had no…