People v. Houston

683 N.W.2d 192, 261 Mich. App. 463
CourtMichigan Court of Appeals
DecidedApril 1, 2004
DocketDocket No. 245889
StatusPublished
Cited by44 cases

This text of 683 N.W.2d 192 (People v. Houston) 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. Houston, 683 N.W.2d 192, 261 Mich. App. 463 (Mich. Ct. App. 2004).

Opinion

MARKEY, J.

Defendant appeals by right his convictions and sentences, after a jury trial, of second-degree murder, MCL 750.317, and possession of a firearm during the commission of a felony, MCL 750.227b. Defendant argues that the trial court abused its discretion by admitting evidence that three days before the murder defendant possessed a weapon similar to one used in the homicide. He also contends that he must be resentenced because the trial court relied on inaccurately scored [465]*465sentencing guidelines to sentence him to life imprisonment. We find that the trial court did not abuse its discretion in admitting the evidence in question. Further, although defendant’s arguments regarding the trial court’s scoring of offense variable OV 3 and OV 14 have merit, we hold, in an issue of first impression, that the life sentence imposed by the trial court was appropriate even under defendant’s version of the correct scoring. Any guidelines scoring error was therefore harmless. Accordingly, we affirm defendant’s convictions and sentences.

i

Defendant first argues that the trial court abused its discretion by admitting evidence that defendant possessed a .380-caliber handgun three days before the crime. Defendant contends the evidence was not relevant, that it should have been excluded under MRE 403, and that it was evidence of another crime, but the prosecutor failed to provide the notice required by MRE 404(b)(2). We disagree.

Defendant preserved his challenge of this evidence on grounds of relevancy, unfair prejudice, and that the evidence did not meet the requirements of MRE 404(b)(1), by objecting on those grounds in the trial court. MRE 103(a)(1); People v Aldrich, 246 Mich App 101, 113; 631 NW2d 67 (2001). But defendant failed to preserve a specific objection regarding pretrial notice required by MRE 404(b)(2). MRE 103(a)(1); Aldrich, supra.

We review for a clear abuse of discretion the trial court’s decision to admit or exclude evidence. Aldrich, supra at 113. An abuse of discretion exists only if an unprejudiced person considering the facts on which the trial court acted would say that there is no justification [466]*466or excuse for the trial court’s decision. People v Snider, 239 Mich App 393, 419; 608 NW2d 502 (2000). A trial court’s decision on a close evidentiary question ordinarily cannot be an abuse of discretion. People v Layher, 464 Mich 756, 761; 631 NW2d 281 (2001). A preserved nonconstitutional evidentiary error will not merit reversal unless it involves a substantial right, and, on review of the entire cause, it affirmatively appears that it is more probable than not that the error was outcome-determinative. People v Lukity, 460 Mich 484, 495-496; 596 NW2d 607 (1999).

We review for plain error unpreserved claims of evidentiary error. People v Carines, 460 Mich 750, 763; 597 NW2d 130 (1999). To warrant reversal, defendant must establish that the plain error affected his substantial rights, meaning that the error was outcome-determinative. Id.

Evidence that defendant possessed a .380-caliber pistol three days before the crime was relevant; consequently, we conclude the trial court did not abuse its discretion by admitting it. MRE 401; MRE 402. Further, the trial court properly concluded that the probative value of the evidence was not substantially outweighed by the danger of unfair prejudice, confusion of the issues, misleading the jury, undue delay, waste of time, or needless presentation of cumulative evidence. MRE 403. Because the evidence was properly admitted, defendant cannot establish that the prosecutor’s alleged failure to comply with MRE 404(b)(2) affected his substantial rights. People v Hawkins, 245 Mich App 439, 455; 628 NW2d 105 (2001).

Generally, all relevant evidence is admissible at trial. Evidence is relevant if it has any tendency to make the existence of a fact that is of consequence to the action more probable or less probable than it would be without the [467]*467evidence. Under this broad definition, evidence is admissible if it is helpful in throwing light on any material point. However, even if relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, misleading the jury, undue delay, waste of time, or needless presentation of cumulative evidence. [Aldrich, supra at 114 (citations omitted).]

Here, evidence that defendant possessed a .380-caliber pistol three days before the crime was directly relevant to identifying defendant as the killer. In People v Hall, 433 Mich 573; 447 NW2d 580 (1989), our Supreme Court, in a decision that presaged the Court’s subsequent approach to MRE 404(b),1 held that the defendant’s possession of a sawed-off shotgun over six months after the charged armed robbery, though showing an unrelated offense, was relevant and admissible to show that the defendant committed an armed robbery using a similar weapon. “Evidence of a defendant’s possession of a weapon of the kind used in the offense with which he is charged is routinely determined by courts to be direct, relevant evidence of his commission of that offense.” Hall, supra at 580-581. The Court noted that “the shotgun itself was equally as direct an item of evidence of defendant’s commission of the charged robbery in this case as marked bills or identifiable jewelry would be in another.. .Id. at 583. Thus the evidence at issue, together with the fact that the victim was killed with a .380-caliber gun, was directly probative of defendant’s guilt.

Defendant also fails to overcome his heavy burden of showing that the trial court abused its discretion by declining to exclude the testimony on the grounds that [468]*468it would cause unfair prejudice, confusion of the issues, or mislead the jury. MRE 403; People v Albers, 258 Mich App 578, 588; 672 NW2d 336 (2003). The parties’ theories of the case were relatively simple. The testimony did not necessarily portray that defendant committed another crime, because unlike the sawed-off shotgun in Hall, mere possession of a pistol is not a crime. Also, the record does not indicate that the prosecutor attempted to suggest that the evidence established an improper inference linking character to conduct. Nevertheless, the trial court specifically instructed the jury that such an inference was not permitted. Evidence is not unfairly prejudicial simply because it is damaging to a party’s position at trial. See People v Mills, 450 Mich 61, 75; 537 NW2d 909 (1995), mod and remanded 450 Mich 1212 (1995). All relevant evidence will be damaging to the extent it tends to prove the charged offense. Id. Given the high probative value of the evidence, the trial court did not abuse its discretion by finding that the danger of unfair prejudice did not substantially outweigh the general rule of admissibility. Hall, supra at 584-585; see, also, People v Rice (On Remand), 235 Mich App 429, 441; 597 NW2d 843 (1999).

Defendant’s argument regarding MRE 404(b) also fails. Analysis under MRE 404(b) is inapposite because the evidence that defendant possessed a .380-caliber pistol three days before the crime did not operate through an intermediate inference. Hall, supra at 583.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

People of Michigan v. Raymond Joseph Peyerk
Michigan Court of Appeals, 2025
People of Michigan v. Gary Mandell Holt
Michigan Court of Appeals, 2025
People of Michigan v. Simone Brandon Jones
Michigan Court of Appeals, 2025
People of Michigan v. Keith Allen Huggins
Michigan Court of Appeals, 2023
People of Michigan v. Jordan Scott Loomis
Michigan Court of Appeals, 2023
People of Michigan v. Jonathan Michael Mullen
Michigan Court of Appeals, 2023
People of Michigan v. Michael Scott McNeal
Michigan Court of Appeals, 2021
People of Michigan v. Royale Gold Runyon
Michigan Court of Appeals, 2020
People of Michigan v. Rashed Am Brown
Michigan Court of Appeals, 2019
People of Michigan v. Jacobie Eliza Hall
Michigan Court of Appeals, 2019
People of Michigan v. Bradley Axel Lafferty
Michigan Court of Appeals, 2019
People of Michigan v. Daniel Scott Levack
Michigan Court of Appeals, 2019
People of Michigan v. Randall Raymond Ball
Michigan Court of Appeals, 2019
People of Michigan v. Arzelle Verner Neely
Michigan Court of Appeals, 2018
People of Michigan v. Jeffrey Harold Stefanski
Michigan Court of Appeals, 2018
People of Michigan v. Anthony Michael Gomez
Michigan Court of Appeals, 2018
People of Michigan v. Joshua Jamalle Mitchell
Michigan Court of Appeals, 2018
People of Michigan v. Antonio Lewis
Michigan Court of Appeals, 2017

Cite This Page — Counsel Stack

Bluebook (online)
683 N.W.2d 192, 261 Mich. App. 463, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-houston-michctapp-2004.