People of Michigan v. Duane Ross St Clair, 331183

Road-rage incident: defendant and a female victim stopped in adjacent vehicles; after verbal/gestural exchange defendant displayed a handgun.
Victim testified defendant "pointed" the gun at her; defendant at trial admitted he may have pulled the gun and questioned whether he raised it high enough to be seen; he had a concealed pistol license and told police he did not remove the gun from its holster.
Charges and convictions: convicted by jury of felonious assault (assault with a dangerous weapon), felony-firearm (possession of a firearm during the commission of a felony), and brandishing a firearm in public.
Sentencing: two years’ imprisonment for felony-firearm; two years’ probation each for felonious assault and brandishing, with the court ordering the probation terms to run concurrently with each other but consecutively to the imprisonment.
Appeal argument: defendant contended insufficient evidence supported felonious assault and felony-firearm because the prosecution did not prove he actually pointed the gun at the victim (asserting only brandishing was proved).
Court’s remedial action: convictions affirmed; remanded to correct the judgment of sentence so the probation terms run concurrently with the prison term (ministerial correction based on People v Brown).

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of evidence for felonious assault	Prosecution: victim’s testimony that defendant pointed the gun supports assault and felony-firearm convictions	St. Clair: only brandishing proved; prosecution failed to show he actually pointed the gun at the victim	Affirmed — viewing evidence in prosecution’s favor, a rational juror could find he pointed the gun and committed felonious assault and felony-firearm
Sentencing: whether probation may run consecutively to felony-firearm term	State: sentencing court’s order stands as imposed	St. Clair: consecutive probation is improper under felony-firearm statute and precedent	Remand for ministerial correction: probation must run concurrently with the prison term, per People v Brown

People v Bosca, 310 Mich App 1 (discussion of elements of felonious assault)
People v Avant, 235 Mich App 499 (definition of assault and intent/apprehension element)
People v McConnell, 124 Mich App 672 (reasonable apprehension from a pointed gun)
People v Reese, 491 Mich 127 (standard for reviewing sufficiency of the evidence)
People v Hardiman, 466 Mich 417 (standards for appellate review of facts)
People v Carines, 460 Mich 750 (deference to jury and reasonable inferences standard)
People v Kanaan, 278 Mich App 594 (resolving conflicts in evidence for the prosecution)
People v Wolfe, 440 Mich 508 (deference to jury on witness credibility)
People v Brown, 220 Mich App 680 (felony-firearm sentencing: probation cannot be ordered to run consecutively to felony-firearm imprisonment)