Opinion
Docket No. 124480.
Decided May 6, 1991, at 10:00 A.M. Leave to appeal denied, 438 Mich. 871.
Frank J. Kelley, Attorney General, Gay Secor Hardy, Solicitor General, John D. O'Hair, Prosecuting Attorney, Timothy A. Baughman, Chief of Research, Training and Appeals, and Brian D. Marzec, Assistant Prosecuting Attorney, for the people.
John W. Brusstar, for the defendant on appeal.
Following a bench trial, defendant was convicted of carrying a concealed weapon in a motor vehicle, MCL 750.227; MSA 28.424, and was sentenced to three to five years in prison. He appeals as of right.
The sole issue raised on appeal is whether defendant was denied the effective assistance of counsel. We find no error requiring reversal. Defendant's contention that defense counsel should have moved to suppress the evidence is unwarranted because the defendant was searched incident to his arrest for failing to produce his driver's license. See People v Boykin, 31 Mich. App. 681; 188 N.W.2d 100 (1971). Furthermore, we decline to reverse on the basis of defense counsel's failure to object to the holding of defendant's preliminary examination thirteen days after his arraignment, People v Crawford, 429 Mich. 151; 414 N.W.2d 360 (1987), finding the mistake not one but for which defendant would have had a reasonably likely chance of acquittal. Strickland v Washington, 466 U.S. 668; 104 S Ct 2052; 80 L Ed 2d 674 (1984); People v Tommolino, 187 Mich. App. 14; 466 N.W.2d 315 (1991).
Affirmed.