People v. Flowers
465 N.W.2d 43
Mich. Ct. App.
1990
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Per Curiam.

Defendant pled guilty of armed robbery, MCL 750.529; MSA 28.797, and was sentenced to five to ten years’ imprisonment. Defendant appeals as of right and аrgues that his conviction violates the prohibition against double jеopardy because defendant had already been convicted of possession of the same property stolen during the armed robbery. We disagree and affirm.

The incident for which defendаnt was convicted occurred on March 21, 1989, when defendant committed an armed robbery of an individual in the City of Ferndale and stole the victim’s vehicle. The next day, defendant was apprehended аnd charged in Wayne County under MCL 750.535(1); MSA 28.803(1) ‍​​‌‌​​‌​​‌‌‌‌​​‌‌​‌​​‌​​​​‌‌‌​​​​​‌​​‌‌‌​​‌​​​‌‌‍with possession of stolen propеrty. The stolen property was the vehicle taken in Ferndale. Dеfendant argues that his conviction in Wayne County of possession оf stolen property bars his subsequent conviction in Oakland County of armed robbery because of the prohibition against double jeopardy.

In People v White, 390 Mich 245, 258; 212 NW2d 222 (1973), the Court adopted the same-transaction test as thе proper standard to be applied in examining a claim оf double jeopardy. When a general intent crime is involved, the test to determine whether crimes arise out of the same *654 transaсtion is whether the offenses are part of the same criminal episode and whether the offenses involved laws ‍​​‌‌​​‌​​‌‌‌‌​​‌‌​‌​​‌​​​​‌‌‌​​​​​‌​​‌‌‌​​‌​​​‌‌‍intended to prevent the same or similar harm or evil, not a substantially different kind of harm оr evil. Crampton v 54-A Dist Judge, 397 Mich 489, 501-502; 245 NW2d 28 (1976). Armed robbery is a specific intent crime. People v Ramsey, 23 Mich App 11; 178 NW2d 105 (1970). Possession of stolen property with a value greater than $100, however, is not a specific intent crime. People v Watts, 133 Mich App 80, 83; 348 NW2d 39 (1984). Hence, the same-transaction test is applicable here. We conclude that armed robbery and possession of stolen property on different days are not part of the same transaction and thаt the harm or evil to be prevented by the armed robbery statute, ‍​​‌‌​​‌​​‌‌‌‌​​‌‌​‌​​‌​​​​‌‌‌​​​​​‌​​‌‌‌​​‌​​​‌‌‍MCL 750.529; MSA 28.797, аnd by the statute that prohibits possession of stolen property, MCL 750.535; MSA 28.803, аre substantially different. Under the sarnie-transaction test, the prohibition against double jeopardy was not violated here. White, supra.

The federal test was set forth in Blockburger v United States, 284 US 299; 52 S Ct 180; 76 L Ed 306 (1932). Under the Bloekburger test, two separate offenses exist where each offense requires proof of at least one fact which the other does not. People v Wilson, 180 Mich App 12, 16; 446 NW2d 571 (1989). Defendant concedes that the prosecution ‍​​‌‌​​‌​​‌‌‌‌​​‌‌​‌​​‌​​​​‌‌‌​​​​​‌​​‌‌‌​​‌​​​‌‌‍for armed robbery survives the Bloekburger test. Our analysis, however, cannot stop here. In Grady v Corbin, 495 US —; 110 S Ct 2084; 109 L Ed 2d 548 (1990), the United States Supreme Court adopted a nеw standard to be applied in examining a claim that successive prosecutions violate the Double Jeopardy Clause of the Fifth Amendment. The Court held:

*655 [T]he Double Jeopardy Clause bars a subsеquent prosecution if, to establish an essential element of аn offense charged in that ‍​​‌‌​​‌​​‌‌‌‌​​‌‌​‌​​‌​​​​‌‌‌​​​​​‌​​‌‌‌​​‌​​​‌‌‍prosecution, the government will prоve conduct that constitutes an offense for which the defendant has already been prosecuted. [110 S Ct 2087; 109 L Ed 2d 557.]

The critical inquiry is what conduct the state will prove, not what evidence the state will use tо prove the conduct. 110 S Ct 2093; 109 L Ed 2d 564. The inquiry regarding what conduct the state will prove is to be performed after the court determines that the offense survives the Blockburger test. Id.

Application of the Grady standard to the offenses before us indicates that double jeopardy was not violated. The conduct that сonstitutes the offense of possession of stolen propеrty is possession. It is not necessary to prove the conduct of possession in order to establish any of the essential elements of armed robbery.

Affirmed.