In People v. Neal, 232 Mich. App. 801; 592 N.W.2d 92 (1998), vacated 232 Mich. App. 801, 592 N.W.2d 92 (1998), the defendant was incarcerated at a state prison when an altercation between inmates and guards occurred. The defendant was charged with three counts of assault with intent to do great bodily harm less than murder, MCL 750.84; MSA 28.279. At the close of the proofs, the prosecutor requested that an instruction for assault of a corrections officer be given. The trial court granted the request, and the jury acquitted the defendant of the original charges, but found the defendant guilty of three counts of assault of a corrections officer. The defendant moved to have his convictions set aside, but did not challenge the lawfulness of his incarceration in the state prison. Rather, the defendant challenged the sufficiency of the prosecution's proof of lawful imprisonment. The trial court granted the defendant's motion. On appeal, this Court noted that "the prosecution must establish the lawfulness of the imprisonment as part of its prima facie case of assault of an employee of a place of confinement." Neal, supra, 232 Mich. App. 804. However, the Court held that there was sufficient evidence to support the conviction because lawful imprisonment could be inferred from evidence that the defendant was incarcerated in a state prison. Id.