People v. Gibbs

299 Mich. App. 473
CourtMichigan Court of Appeals
DecidedFebruary 14, 2013
DocketDocket Nos. 306124 and 306127
StatusPublished
Cited by177 cases

This text of 299 Mich. App. 473 (People v. Gibbs) 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 v. Gibbs, 299 Mich. App. 473 (Mich. Ct. App. 2013).

Opinion

PER CURIAM.

In Docket No. 306124, defendant, Phillip Charles Gibbs, was convicted by a jury of two counts of armed robbery, MCL 750.529, one count of unarmed robbery, MCL 750.530, and one count of conspiracy to commit armed robbery, MCL 750.157a and 750.529. Gibbs was sentenced to 177a to 30 years’ imprisonment for each count of armed robbery, 100 months to 15 years’ imprisonment for the unarmed robbery conviction, and 1772 to 30 years’ imprisonment for the conviction of conspiracy to commit armed robbery.

In Docket No. 306127, defendant, Tyrell Henderson, was convicted by a jury of three counts of armed robbery, MCL 750.529, one count of conspiracy to commit armed robbery, MCL 750.157a and 750.529, one count of assault with intent to rob while armed, MCL 750.89, one count of carrying a concealed weapon, MCL 750.227, and possession of a firearm during the commission of a felony (felony-firearm), MCL 750.227b. Henderson was sentenced to 225 months to 40 years’ imprisonment for each count of armed robbery, 225 months to 40 years’ imprisonment for the conviction of conspiracy to commit armed robbery, 225 months to 40 years’ imprisonment for the conviction of assault with intent to rob while armed, 24 to 60 months’ imprisonment for the conviction of carrying a concealed weapon, and 2 years’ imprisonment for the felony-firearm conviction.

Defendants were tried together in front of separate juries. They both appeal as of right.1 We vacate Henderson’s conviction for assault with intent to rob while armed, but otherwise affirm both defendants’ convictions and sentences.

[478]*478I. BASIC FACTS AND PROCEDURAL HISTORY

A. TRIAL

This case arises from an armed robbery that occurred at a store called Wholesale 4 U in Flint, Michigan, on October 26, 2010. Nancy Anagnostopoulos and her husband, Costas Anagnostopoulos, owned the store and were present at the time of the robbery. Also present was employee Jeremy Kassing. Defendants had been to the store together numerous times that day. Originally, they had hoped to pawn some jewelry. After finding out that the jewelry had no value, Henderson purchased a video game. He later decided to return it. Defendants entered the store and told Costas that the game did not work. As Costas attempted to help determine what was wrong with the game, Henderson struck him in the head with a gun. Gibbs, who was not personally armed during the incident, approached Nancy and removed her necklaces and ring. He took her identification and purse. Gibbs also took an iPod from the store, as well as a number of laptop computers. In the meantime, Henderson took Costas’s jewelry, wallet, and money. He ordered Costas to open the store’s register and then took Costas to a back room where a safe was kept. Part of Costas’s ear was cut off as a result of the blow he received, and he received stitches for the injury. Kassing’s wallet was also taken. A subsequent search of the home Gibbs shared with his mother uncovered a sandwich bag containing jewelry, a sandwich bag containing papers and the identifications of the three victims, and several watches identified as those taken from the store.

In separate police interviews, both defendants admitted their involvement. However, Gibbs told the officer that his involvement was involuntary. Gibbs believed [479]*479that they were going to the store to return the video game and had no idea that Henderson was planning a robbery. Gibbs stated that Henderson ordered him to take the victims’ belongings and other store items. Gibbs testified at trial that he complied only because he did not want anything to happen to him.

The juries convicted defendants and they were sentenced as outlined previously.

B. GIBBS’S MOTION FOR REMAND

On May 23, 2012, Gibbs filed a motion to remand with this Court in order to make two objections to his sentencing, develop his argument that he was denied the right to a public trial, and, alternatively, argue that his counsel was ineffective. We granted Gibbs’s motion to remand and remanded for Gibbs to file a motion for resentencing regarding prior record variable (PRV) 5 and PRV 6 and to file a motion for a new trial. People v Gibbs, unpublished order of the Court of Appeals, entered June 20, 2012 (Docket No. 306124). We ordered the trial court to hold an evidentiary hearing concerning the closure of the courtroom during voir dire. Id.

On remand, Gibbs argued that his right to a public trial was violated by the closing of the courtroom and the exclusion of his family from jury selection. Gibbs also argued that he was entitled to resentencing on the basis of the incorrect scoring on PRV 5 and PRV 6. The trial court declined to conduct a full hearing on the court-closure issue. The trial court admitted that its procedure is that, after jury selection begins, it does not allow people to enter or leave the courtroom. The trial court stated that if individuals came after jury selection started, then they would not have been allowed in the courtroom. The trial court denied the motion for a new trial. The trial court also found that Gibbs had a [480]*480relationship to the criminal justice system on the date of the offenses for purposes of scoring PRV 5 and PRV 6 and denied the motion for resentencing.

II. GIBBS’S APPEAL

A. RIGHT TO A PUBLIC TRIAL

Gibbs argues that the trial court violated his right to a public trial and that he is entitled to automatic reversal. We disagree.

Gibbs did not object to the closure at trial. The Michigan Supreme Court recently held that the plain-error standard applies to a defendant’s forfeited claim that the trial court violated the defendant’s Sixth Amendment right to a public trial. People v Vaughn, 491 Mich 642, 664, 674-675; 821 NW2d 288 (2012).

[I]n order to receive relief on [a] forfeited claim of constitutional error, [a] defendant must establish (1) that the error occurred, (2) that the error was “plain,” (3) that the error affected substantial rights, and (4) that the error either resulted in the conviction of an actually innocent defendant or seriously affected the fairness, integrity, or public reputation of judicial proceedings. [Id. at 664-665.]

The Vaughn Court concluded that the first two prongs of the analysis were satisfied because the trial court ordered the courtroom closed before voir dire without advancing “an overriding interest that is likely to be prejudiced” and the error was “clear or obvious” because it was “readily apparent” that the trial court closed the courtroom and it is “well settled” that the right to a public trial extends to voir dire. Id. at 665 (citations and quotation marks omitted). The Court also concluded that the third prong was satisfied because the closure of the courtroom was “a plain structural error.” Id. at 666. However, the Court held that the [481]*481fourth prong was not satisfied because “both parties engaged in a vigorous voir dire process,” “there were no objections to either party’s peremptory challenges of potential jurors,” and “each party expressed satisfaction with the ultimate jury chosen.” Id. at 668-669.

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Cite This Page — Counsel Stack

Bluebook (online)
299 Mich. App. 473, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-gibbs-michctapp-2013.