People of Michigan v. Edward Michael Czuprynski

926 N.W.2d 282, 325 Mich. App. 449
Michigan Court of Appeals·Decided August 2, 2018·No. 336883·Published·Cited by 38 cases

Opinions

Tukel, J.

*453Defendant appeals as of right his conviction by a jury of committing a motor-vehicle *286moving *454violation and thereby causing a serious impairment of a body function, MCL 257.601d(2). The trial court sentenced him to 18 months' probation. We reverse defendant's conviction and remand for a new trial.

I. FACTS

Defendant was driving on Center Avenue in Hampton Township on June 16, 2015, approaching Scheurmann Road, when he struck James Stivenson with his vehicle. Stivenson broke his legs in eight places, suffered a head injury, and now has difficulty walking. A police officer testified that immediately after the accident, defendant seemed "sleepy, drowsy, ... [and] acted slow with his responses." The officer testified that defendant did not know what he had hit and "thought somebody had thrown a bag of garbage at him." Defendant stated at trial that he had taken a pill to help him "relax" and that it was a "sleeping aid" but "not a sleeping pill." It also is not disputed that defendant had consumed some beer before driving that night. However, Stivenson was dressed in dark clothing, and witnesses stated that Stivenson tried to rush across the street in front of defendant's car. Stivenson also had a 0.19% blood alcohol level.

An analysis of the crash-data-retrieval system from defendant's car revealed that defendant had been traveling at a speed of 41 miles per hour, without hitting the brakes, before the crash. The speed limit before the intersection was 35 miles per hour. In addition, Center Avenue had a blinking yellow light at the time of the crash. A police officer explained that when a driver is faced with a flashing yellow light, he or she is "supposed to proceed with caution ... and continue through if it's ... clear."

*455Two charges were submitted to the jury: "operating a motor vehicle while visibly impaired causing serious impairment of a body function to another person" (Count I) and "committing a moving violation causing serious impairment of a body function" (Count II). The jury acquitted defendant on Count I but convicted him on Count II, and this appeal followed.

II. PROPRIETY OF MICHIGAN CRIMINAL JURY INSTRUCTION 15.19

Defendant argues that one of the instructions given to the jury- M. Crim. JI 15.19, defining "moving violation causing serious impairment of a body function"-was erroneous. Defendant also argues that the trial court compounded the error in M. Crim. JI 15.19 in answer to a jury question during deliberations, when it emphasized the erroneous portion of the instruction. We agree.

We review the proper interpretation of a statute de novo. People v. Barrera , 278 Mich. App. 730, 735, 752 N.W.2d 485 (2008). "[J]ury instructions that involve questions of law are also reviewed de novo." People v. Gillis , 474 Mich. 105, 113, 712 N.W.2d 419 (2006) (quotation marks and citation omitted). When interpreting a statute, it is the court's duty to give effect to the intent of the Legislature as expressed in the actual language used in the statute. People v. Calloway , 500 Mich. 180, 184, 895 N.W.2d 165 (2017). "It is the role of the judiciary to interpret, not write, the law." People v. Schaefer , 473 Mich. 418, 430, 703 N.W.2d 774 (2005). If the statutory language is clear and unambiguous, the statute is to be enforced as written. People v. Laney , 470 Mich. 267, 271, 680 N.W.2d 888 (2004). In those circumstances, judicial construction is neither necessary nor permitted because it is presumed that the Legislature *456intended the clear meaning it expressed. People v. Stone , 463 Mich. 558, 562, 621 N.W.2d 702 (2001). *287"The right to a trial by a jury is one of the lodestar concepts of Anglo-American jurisprudence and has historical roots that grow as deep as the Magna Carta of 1215." People v. Antkoviak , 242 Mich. App. 424, 441, 619 N.W.2d 18 (2000). "A criminal defendant is entitled to have a properly instructed jury consider the evidence against him." People v. Riddle , 467 Mich. 116, 124, 649 N.W.2d 30 (2002). Jury instructions must include all elements of the charged offenses and any material issues, defenses, and theories if there is evidence to support them. People v. Jackson (On Reconsideration) , 313 Mich. App. 409, 421, 884 N.W.2d 297 (2015), citing People v. Reed , 393 Mich. 342, 349-350,

People of Michigan v. Edward Michael Czuprynski, 926 N.W.2d 282, 325 Mich. App. 449 (Mich. Ct. App. 2018).

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