People v. Jones

894 N.W.2d 723, 317 Mich. App. 416, 2016 Mich. App. LEXIS 1807
CourtMichigan Court of Appeals
DecidedSeptember 29, 2016
DocketDocket 332018
StatusPublished
Cited by24 cases

This text of 894 N.W.2d 723 (People v. Jones) 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. Jones, 894 N.W.2d 723, 317 Mich. App. 416, 2016 Mich. App. LEXIS 1807 (Mich. Ct. App. 2016).

Opinions

PER CURIAM.

Defendant, Melissa Lee Jones, pleaded guilty of first-degree child abuse, MCL 750.136b(2), and the trial court sentenced her to 3 to 10 years’ imprisonment with credit for 208 days served. Defendant now appeals her conviction by delayed leave granted. We agree with defendant’s argument that the first-degree child abuse statute does not apply to her conduct at issue, and we therefore vacate her conviction and sentence.

This case arises out of defendant’s delivery of a baby who tested positive for methamphetamine at birth. After defendant gave birth, the hospital staff became [418]*418concerned about the baby because he weighed less than four pounds, despite being delivered at full term. The baby was weak, had trouble feeding, and required an IV to receive nutrition. Defendant did not participate in any prenatal care. A Child Protective Services (CPS) worker arrived at the hospital after being informed of the baby’s condition and that the baby had tested positive for methamphetamine. After speaking with the CPS worker, defendant removed her own IVs and left the hospital with her boyfriend against the advice of hospital staff and against the recommendation of CPS. When police arrived at the hospital regarding the abandoned newborn, defendant had not returned to the hospital for her baby. A court order subsequently placed the child under protection and prohibited defendant from having contact with the baby.

Defendant was charged with child abuse arising out of her prenatal conduct. During the plea hearing, the factual basis for her guilty plea was established as follows:

The Court: I need you to tell me what you did that makes you guilty of the offence. It says that in January 29th, 2015 you were in the city of Sturgis, county of St. Joseph, state of Michigan, is that true?
[.Defendant]: Yes
The Court: At that time, you did knowingly or intentionally cause serious physical harm to a child. Tell me what happened?
[Defendant]: I was using in my pregnancy and my baby tested positive.
The Court: When was your baby born?
[Defendant]: The 28th at. . .
The Court: And . . .
[419]*419[Defendant]-.. . . 11:54,1 think.
The Court: January 28th?
[Defendant]: Yes.
The Court: In Sturgis?
[Defendant]: Yes.
The Court: And they ran tests, is that correct?
[Defendant]: Uh-huh.
The Court: Yes?
[Defendant]: Yes.
The Court: And it tested positive for amphetamines and methamphetamines?
[Defendant]: Yes.
The Court: And then they tested you?
[Defendant]: Yes.
The Court: And you were also positive for methamphet-amines and amphetamines?
[Defendant]: Yes.
The Court: When had you last used before you delivered your child?
[Defendant]: I don’t—like five days before I was ...
The Court: Five?
[Defendant]: Yeah.
The Court: Or less—was it less or was it five?
[Defendant]: I—I’m just guessing around five.
The Court: Okay. But you do admit that you consumed it knowing .. .
[Defendant]: Yes.
The Court: Okay. Are counsel satisfied that a factual basis has been established?
[Prosecutor]: Yes, Your Honor.
[Defense Counsel]: I am satisfied.

[420]*420On appeal, defendant first argues that the first-degree child abuse statute was improperly applied to her because a fetus is not included within the statutory definition of “child,” and she therefore could not have caused harm to a “child” as required by the statute simply by using methamphetamine during her pregnancy. We agree.

Defendant did not preserve this issue by challenging in the trial court the applicability of the first-degree child abuse statute to her conduct. People v Metamora Water Serv, Inc, 276 Mich App 376, 382; 741 NW2d 61 (2007). Issues of statutory interpretation are reviewed de novo. People v Wambar, 300 Mich App 121, 124; 831 NW2d 891 (2013). “Whether conduct falls within the statutory scope of a criminal statute is a question of law that is reviewed de novo on appeal.” People v Rutledge, 250 Mich App 1, 4; 645 NW2d 333 (2002). However, unpreserved issues are reviewed for plain error affecting substantial rights. People v Carines, 460 Mich 750, 763-764; 597 NW2d 130 (1999). On plain-error review, the burden is on the defendant to establish (1) “error”; (2) that was “plain,” meaning “clear or obvious”; and (3) that the plain error caused prejudice, meaning “that the error affected the outcome of the lower court proceedings.” Id. at 763. “[0]nce a defendant satisfies these three requirements, an appellate court must exercise its discretion in deciding whether to reverse,” but “[r]ever-sal is warranted only when the plain, forfeited error resulted in the conviction of an actually innocent defendant or when an error seriously affect[ed] the fairness, integrity or public reputation of judicial proceedings independent of the defendant’s innocence.” Id. (quotation marks and citation omitted; alteration in original).

In eliciting a factual basis from defendant during the plea colloquy, the trial court clearly focused on [421]*421defendant’s prenatal methamphetamine use and the fact that the baby tested positive for methamphet-amines and amphetamines to support the first-degree child abuse conviction. No other facts of alleged harm to the baby were introduced, and no facts were introduced of conduct toward the baby after birth. Thus, the factual basis to support defendant’s guilty plea rested solely on defendant’s prenatal conduct. Therefore, the question before us is one of first impression, namely, whether a mother’s prenatal drug use can support a conviction for first-degree child abuse when the statute requires the victim to be a “child” and does not specifically include fetuses within the statutory definition of “child.”

The primary goal of judicial interpretation of statutes is to ascertain and give effect to the intent of the Legislature. People v Peltola, 489 Mich 174, 181; 803 NW2d 140 (2011). “The statute’s words are the most reliable indicator of the Legislature’s intent and should be interpreted based on their ordinary meaning and the context within which they are used in the statute.” People v

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

Related

People of Michigan v. Jared Cash Butterfield
Michigan Court of Appeals, 2022
In Re M R Simonetta Minor
Michigan Court of Appeals, 2022
People of Michigan v. Quintin Washington
Michigan Court of Appeals, 2020
People of Michigan v. Jon Thomas Christiansen
Michigan Court of Appeals, 2020
in Re L D Rippy Minor
Michigan Court of Appeals, 2019
People of Michigan v. Stanley Earl Davis
Michigan Court of Appeals, 2019
People of Michigan v. Justin Dewayne Johnson
Michigan Court of Appeals, 2018
People of Michigan v. Marcus Robinson
Michigan Court of Appeals, 2018
People of Michigan v. Rodney Jamar McKee
Michigan Court of Appeals, 2018
People of Michigan v. David Michael O'Brien
Michigan Court of Appeals, 2017
People of Michigan v. Edward Duane Pointer-Bey
Michigan Court of Appeals, 2017
People of Michigan v. David Ross Ames
Michigan Court of Appeals, 2017
People of Michigan v. Charles William Confere
Michigan Court of Appeals, 2017
People v. Ambrose
895 N.W.2d 198 (Michigan Court of Appeals, 2016)

Cite This Page — Counsel Stack

Bluebook (online)
894 N.W.2d 723, 317 Mich. App. 416, 2016 Mich. App. LEXIS 1807, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-jones-michctapp-2016.