At thе conclusion of a bench trial in the Detroit Recorder’s Court, defendant was found guilty of armed robbery, MCL 750.529; MSA 28.797, and was subsequently sentencеd to ten to twenty-five years imprisonment. We affirm.
On November 8, 1986, defendant and an accomplice robbed Robert Muhammad of his wаllet by gunpoint. Defendant lured Muhammad to the back of a house under the pretext of examining a car battery. When Muhammad attеmpted to leave, the accomplice appeared and pointed a sawed-off shotgun at him. The accomplice took Muhammad’s wallet and placed it on the porch. During this time, defendant said, "Man, remember our deal, fifty-fifty. I get fifty perсent of what you get.” Defendant took the wallet off the porch and began backing up toward the street.
When the accоmplice prodded Muhammad with the shotgun, he grabbed it and a struggle ensued. While they were struggling, defendant kicked Muhammad in the jaw and then struck him in the head with a piece of 2" x 4" lumber. At this point, the accomplice let go of the gun, which then *183 discharged and folded up, and he flеd the scene. Defendant initially followed the accomplice but returned and, after striking Muhammad in the chest with a tree branch, grаbbed the shotgun and ran away.
Defendant testified at trial and gave a substantially different version of what had happened. He admittеd that he tried to sell Muhammad a car battery but stated that Muhammad was not interested. At this same time, though, an unknown man appeared carrying the sawed-off shotgun and attempted to rob Muhammad. Defendant denied assaulting Muhammad or saying anything about receiving fifty pеrcent of the money. Defendant claimed he simply took his battery and left. After Muhammad managed to grab the shotgun away from the robber, Muhammad approached defendant and asked him why he did not help. Apparently, because Muhammad was pointing the gun аt defendant, another struggle began. Acting in self-defense, defendant hit Muhammad in the head with a brick and then left.
In pronouncing defendant guilty оf armed robbery, the trial judge stated that she found defendant’s testimony not worthy of belief.
As his first issue on appeal, defendant claims thе trial court failed to make sufficient findings of fact to support the armed robbery conviction. Specifically, he claims thеre was no finding that he actually took Muhammad’s wallet. We hold that the trial court’s factual findings were sufficient. MCR 2.517(A) provides in pertinent рart:
(1) In actions tried on the facts without a jury or with an advisory jury, the court shall find the facts specially, state separately its cоnclusions of law, and direct entry of the appropriate judgment.
(2) Brief, definite, and pertinent findings and *184 conclusions on the contested matters are sufficient, withоut overelaboration of detail or particularization of facts.
The purpose of requiring specific factual findings in a nonjury case is similar to the function served by the trial court’s charge in a jury case. It allows the appellate court to review the law applied by the factfinder.
People v Jackson,
In
People v Daniels,
Currently, there is a split among the panels of this Court concerning the degree of specificity necessary to satisfy the above court rule. In People v Davis,126 Mich App 66 ;337 NW2d 315 (1983), this Court held that the specific findings of fact on each element of the crime are necessary to satisfy the court rule. Another panel in People v Taylor,133 Mich App 762 ;350 NW2d 318 (1984), reversed and remanded on other grounds422 Mich 554 , 568;375 NW2d 1 (1985), stated that so long as it appears from the court’s findings of fact that the trial court was aware of the issues in the case and correctly applied the law, the requirements of the court rule had been met. A more recent opinion has endorsed the latter view. People v Eggleston,149 Mich App 665 ;386 NW2d 637 (1986), lv den *185425 Mich 862 (1986). We note that two members of the Davis panel have since repudiated the Davis rule. See Eggleston at 672, n 1; Taylor, supra at 766, n 1.
The apparent conflict in standards was recognized most recently in
People v Evans,
Because, as noted supra, two members of the Davis panel no longer subscribe to its holding, we believe the conflict has dissipated. Although we are unaware of any precedent standing for the proposition that a case is overruled when a majority of the panel repudiates its holding in subsequent cases, this is the logical result. The viability of a case should cease when the forces which gave it lifeblood subsequеntly advocate its demise. Unless and until a future case from this Court or our Supreme Court adopts the Davis holding, the trial bench and criminal lаw practitioners should be on notice that Davis is without precedential value.
We agree with the long line of
post-Davis
cases which have adopted the
Taylor
standard, i.e., factual findings are sufficient so long as it appears that the trial cоurt was aware of the issues in the case and correctly applied the law.
1
Evans, supra; Oliver, supra,
p 46;
Porter, supra,
p 194;
People v Fair,
Defendant next argues that his сonviction must be reversed because Muhammad was allowed to testify at trial as to certain statements made by defendant during the robbery. Defendant claims those statements were inadmissible hearsay and should have been excluded from evidence. Defеndant is mistaken. Because defense counsel did not object to the now-complained-of testimony, appellate review is precluded absent manifest injustice. MRE 103(a)(1);
People v Furman,
In a related argument, defendant claims he was denied the effective assistance of counsel beсause his trial attorney did not object, on hearsay grounds, to the statement complained of. Since the statement was not hearsay, this argument is without merit. Counsel is not ineffective for failing to make a futile objection.
People v Lyles,
Affirmed.
Notes
In light of the unanimous rejection of the Davis holding by subsequent panels of this Court and the Suрreme Court’s consistent declination to address the issue, Judge Maher — as the last holdout of the Davis panel — heretofore accepts the standard espoused in Taylor as controlling. As to Davis then, the coffin is sealed and the last nail has been driven.