People of Michigan v. Jonathan Dewight Hickerson

CourtMichigan Court of Appeals
DecidedJune 25, 2025
Docket369765
StatusUnpublished

This text of People of Michigan v. Jonathan Dewight Hickerson (People of Michigan v. Jonathan Dewight Hickerson) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People of Michigan v. Jonathan Dewight Hickerson, (Mich. Ct. App. 2025).

Opinion

If this opinion indicates that it is “FOR PUBLICATION,” it is subject to revision until final publication in the Michigan Appeals Reports.

STATE OF MICHIGAN

COURT OF APPEALS

PEOPLE OF THE STATE OF MICHIGAN, UNPUBLISHED June 25, 2025 Plaintiff-Appellee, 3:26 PM

v No. 369765 Oakland Circuit Court JONATHAN DEWIGHT HICKERSON, LC No. 2013-244355-FC

Defendant-Appellant.

Before: LETICA, P.J., and MURRAY and PATEL, JJ.

PER CURIAM.

Defendant was resentenced to a term of 40 to 60 years for his 2014 jury-trial convictions of first-degree felony murder (felony murder), MCL 750.316(1)(b); assault with intent to murder, MCL 750.83; first-degree home invasion, MCL 750.110a(2); and three counts of carrying a firearm during the commission of a felony (felony-firearm), MCL 750.227b(1). Defendant argues the trial court abused its discretion in sentencing him because the trial court failed to properly consider mitigating factors, and the sentence was disproportionate and an unconstitutional de facto life sentence. We remand.

I. BACKGROUND

In 2014, defendant was sentenced to life in prison without parole for his felony-murder conviction, resulting from the 2012 death of Adriann Contreras during a botched home invasion committed when defendant was 17-years-old. A lengthy appeals process led to our Supreme Court vacating defendant’s sentence in 2022, and remanding the case to the trial court for resentencing.1

1 See People v James, unpublished per curiam opinion of the Court of Appeals, issued January 21, 2016 (Docket Nos. 322890 and 322891), vacated in part by People v Hickerson, 503 Mich 912 (2018); and People v Hickerson (On Remand), unpublished per curiam opinion of the Court of Appeals, issued October 8, 2019 (Docket No. 322891), vacated in part by People v Hickerson, 510 Mich 1068 (2022).

-1- A. DEFENDANT’S POSITION

Before his resentencing, defendant filed a 250-page sentencing memorandum, explaining how his childhood was marred by trauma, neglect, and instability. Defendant’s mother was 17- years-old when she gave birth to defendant, while defendant’s father was 51-years-old. Defendant’s parents were addicted to crack, and defendant was often homeless or living in deplorable conditions throughout his childhood. Defendant was bullied and struggled in school, before dropping out in tenth grade. Soon after, defendant began selling drugs to help support his family, and joined the Latin Kings gang for protection. Defendant’s first interaction with the criminal justice system soon followed, when defendant was cited for truancy. Defendant was later arrested for stealing a car, resulting in him spending time in Children’s Village. After a domestic incident involving his mother and stepfather, defendant was sent to the Wayne County Juvenile Detention Center.

As a result of injuries he sustained during the home invasion, defendant is completely and permanently blind. The sentencing memorandum detailed extensively defendant’s effort for rehabilitation during the 10 years he has been incarcerated, including teaching himself braille. Defendant also submitted a comprehensive reentry plan, including housing placements, community support services, and employment options. Defendant submitted numerous letters in support indicating defendant’s progress since his incarceration, and reiterating the support waiting for him on release.

At defendant’s resentencing hearing, the trial court noted it reviewed defendant’s sentencing memorandum and his Presentence Investigative Report (PSIR).2 In light of the information provided in the PSIR and sentencing memorandum, defense counsel argued for the statutory minimum sentence of 25 years to be imposed. Defense counsel argued that while defendant’s report at the time of his original Miller3 hearing stated defendant had “limited potential for rehabilitation,” the evidence since indicated otherwise. According to defense counsel, the trial court “has to look at [defendant] now through the lens of his youth, look at the aims of sentencing . . . .” Defense counsel described defendant’s deep and ongoing remorse for his actions, and cited the numerous support letters discussing how often defendant expressed “his deep regret.”

2 The PSIR reiterated much of defendant’s childhood, and noted defendant was diagnosed with epilepsy and asthma as a child and Attention Deficit Disorder and Bipolar Disorder as a teen. Defendant accrued 18 prison misconducts from July 24, 2014, until February 8, 2022, for: (1) assault and battery–prisoner; (2) absent without leave; (3) interference with administrative rules; (4) malicious destruction of property; (5) insolence; (6) minor misconduct; (7) unauthorized occupation of a cell or room; and (8) disobeying a direct order. As a result, defendant has lost privileges 15 times and received “top lock” twice. The PSIR noted defendant learned the use of Braille, his employment despite his blindness, his multiple certificates awarded, his work on his GED, and his reentry program plan. It also contained statements by defendant as to why the crime occurred, and his troubled upbringing. 3 Miller v Alabama, 567 US 460; 132 S Ct 2455; 183 L Ed 2d 407 (2012).

-2- Defendant spoke on his own behalf, expressing remorse for his actions and explaining he thought about his actions, Adriann, and Adriann’s family, every day. Defendant described how he was “lost” before prison, and how he joined the Prisoner Creative Arts Program. Defendant explained his participation in the poetry workshop, and how he had written poems about his experiences, and read some of his poetry for the trial court.

B. THE PROSECUTION’S POSITION

In opposition, the prosecution requested the trial court to sentence defendant at the top of the statutorily permissible minimum range. Part of the prosecution’s position was based upon the harm defendant’s actions had, and still have, on the victim’s family.4 The victim’s brother, who was at the scene of the crime but survived, spoke at the resentencing and explained how the murder continues to haunt the entire family:

So, growing up me and my brothers, Adrienne [sic] and David, were inseparable. Losing him hurt my family in ways I wouldn’t wish on my worst enemy. It’s a wound that still to this day hurts. I apologize I’m not much of a public speaker. We all have the right to live. My brother’s right to live was taken from him for greed. It’s been 11 years and not a day goes by that I don’t think about what happened that night. I wake up to a pin drop at night. I have dreams about that night all the time. It’s been a long bumpy road without my brother. He had a lot of people that loved him. He has a lot of people that miss him. Everybody says there’s nobody like so and so when they die but there really was nobody quite like Adrienne [sic]. He could come and make any situation bearable no matter how uncomfortable it was. Even if you were mad at him, it was hard to stay mad at him long. I wish I could have just one more conversation with him.

He has two beautiful kids that he’ll never get to watch grow up. A son that looks just like him that he never got to meet, [AJ], and his beautiful sister [A]. They both have to grow up and explain to people over and over why their daddy isn't around. He missed everything. Their first words, their first steps, daddy daughter dances, being able to teach his son to go fishing or play catch.

I remember every little detail that night. The scariest moment of my life till this day. I still wake up from the dreams of gunshots and the voice, “Anybody I see moving is getting shot,” plays over and over. The image of a masked gunman at my bedroom door, bullets flying past my head thinking my brother David was hit. Don’t shoot, and then more shots flying by my head. He tried to kill us all.

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Cite This Page — Counsel Stack

Bluebook (online)
People of Michigan v. Jonathan Dewight Hickerson, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-of-michigan-v-jonathan-dewight-hickerson-michctapp-2025.