People of Michigan v. Jerry Lewis Gibson, 327748

Defendant Jerry Lewis Gibson was convicted by a jury of armed robbery (MCL 750.529) and resisting/obstructing a police officer (MCL 750.81d(1)) after a Save-A-Lot employee reported a robbery of $96.
Victim Frazier testified the robber ordered him to “get back,” pushed him, and made a reaching motion toward his right waist as if he had a weapon.
A customer identified Gibson at trial as the robber; Trooper Fisher chased and apprehended a man matching the description about 15 minutes later.
Upon arrest Fisher found $96 in Gibson’s front pocket and a knife (with a 4-inch handle and a 6–7 inch blade) sticking out of Gibson’s right rear pocket.
Gibson argued the evidence was insufficient to show he possessed a weapon during the robbery and challenged the habitual-offender sentencing statute (MCL 769.12(1)(a)) as violating separation of powers.
The trial court sentenced Gibson as a fourth habitual offender to 300–600 months for armed robbery and 60–180 months for resisting/obstructing; the Court of Appeals affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of evidence for armed robbery (weapon)	Prosecution: Victim’s testimony that defendant reached toward his waist while ordering him back, plus recovery of a knife shortly after, supports either representation of a weapon or actual possession.	Gibson: No objective evidence he had a weapon during the robbery; victim’s subjective belief is insufficient.	Affirmed: Jury could find defendant both “otherwise” represented a weapon and actually possessed one; recovery of a knife nearby supported conviction.
Separation of powers challenge to MCL 769.12(1)(a)	State: Legislature may set mandatory penalties for habitual offenders; judges must sentence within statutory bounds.	Gibson: Mandatory 25-year minimum as an habitual-offender sentencing scheme improperly strips judicial sentencing discretion and violates separation of powers.	Affirmed: Statute is a valid legislative exercise setting penalties; limiting judicial discretion does not violate separation of powers.

Wolfe v. People, 440 Mich. 508 (framework for reviewing sufficiency of the evidence)
Nowack v. People, 462 Mich. 392 (deference to jury credibility determinations)
Jolly v. People, 442 Mich. 458 (pre-2004 rule requiring objective evidence of a weapon under prior statute)
Gibbs v. People, 299 Mich. App. 473 (elements of armed robbery under current law)
Banks v. People, 454 Mich. 469 (knife qualifies as a dangerous weapon for armed robbery)
Smith v. People, 478 Mich. 292 (conviction does not require brandishing—mere possession suffices)
Hegwood v. People, 465 Mich. 432 (Legislature’s authority to establish penalties and limits on judicial sentencing discretion)
Hall v. People, 396 Mich. 650 (separation of powers not offended when Legislature limits sentencing discretion)