People v. Lewis

Michigan Court of Appeals

People v. Lewis

290 N.W.2d 73, 94 Mich. App. 752, 1980 Mich. App. LEXIS 2419

CourtMichigan Court of Appeals

DecidedJanuary 9, 1980

DocketDocket 78-4968

StatusPublished

Cited by6 cases

This text of 290 N.W.2d 73 (People v. Lewis) 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. Lewis, 290 N.W.2d 73, 94 Mich. App. 752, 1980 Mich. App. LEXIS 2419 (Mich. Ct. App. 1980).

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Opinions

Per Curiam.

Defendant was charged with second-degree murder, MCL 750.317; MSA 28.549, and possession of a firearm during the commission [754]*754of or attempt to commit a felony, MCL 750.227b; MSA 28.424(2). Upon agreement by the parties, the following lesser included offenses were also charged: voluntary manslaughter; involuntary manslaughter — gross negligence; involuntary manslaughter — death resulting from the intentional aiming of firearm; and careless, reckless or negligent use of firearm causing death. The jury returned a verdict of guilty for the felony-firearm charge, but not guilty of all the other charges listed under the second-degree murder count. The trial court granted defendant’s motion to dismiss the felony-firearm conviction and the prosecution claimed this appeal.

The prosecution argues that the inconsistent verdict rule of Michigan has scant support in Michigan law, that it has been rendered plainly inappropriate by People v Chamblis, 395 Mich 408; 236 NW2d 473 (1975), and that Michigan should join the overwhelming majority of jurisdictions in holding that criminal verdicts need not be consistent.

The prosecution’s reliance on People v Chamblis, supra, is misplaced. There, our Supreme Court addressed the ability of a jury to ignore evidence of a greater charge and convict a defendant of a lesser offense. People v Chamblis, supra, 425-427.

It is granted that various jurisdictions do differ with respect to an "inconsistent verdict rule”. See Anno: Inconsistency of criminal verdict as between different counts of indictment or information, 18 ALR3d 259. And it is apparent that the prosecution’s citation of People v Chamblis, supra, was primarily for its reference to Dunn v United States, 284 US 390; 52 S Ct 189; 76 L Ed 356 (1932), perhaps the most prominent case to reject conviction reversals due to inconsistent verdicts.

[755]*755We note that there are many varying factual circumstances in which claims of inconsistent verdicts may arise, but we feel that it is sufficient to restate the rule recognized in this Court that, "In this jurisdiction, inconsistent verdicts cannot stand unless they can be explained on any rational basis”. People v Goodchild, 68 Mich App 226, 237; 242 NW2d 465 (1976), lv den 397 Mich 830 (1976). In the present case it is impossible to rationally explain how the defendant could be convicted of having carried or possessed a handgun in the commission of or attempt to commit a felony when he was simultaneously acquitted of any wrongdoing in the death of the decedent. People v Vaughn, 92 Mich App 742; 285 NW2d 444 (1979).

Moreover, there is a fatal flaw in the felony-firearm conviction in that one of the required elements, viz., the commission of or attempt to commit a felony, was specifically rejected by the jury verdict on the other count. Consequently, there was insufficient evidence to sustain the conviction. People v Johnson, 83 Mich App 1, 18; 268 NW2d 259 (1978).

Dismissal of the conviction is affirmed.

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Per Curiam.

Defendant was charged with second-degree murder, MCL 750.317; MSA 28.549, and possession of a firearm during the commission [754]*754of or attempt to commit a felony, MCL 750.227b; MSA 28.424(2). Upon agreement by the parties, the following lesser included offenses were also charged: voluntary manslaughter; involuntary manslaughter — gross negligence; involuntary manslaughter — death resulting from the intentional aiming of firearm; and careless, reckless or negligent use of firearm causing death. The jury returned a verdict of guilty for the felony-firearm charge, but not guilty of all the other charges listed under the second-degree murder count. The trial court granted defendant’s motion to dismiss the felony-firearm conviction and the prosecution claimed this appeal.

The prosecution argues that the inconsistent verdict rule of Michigan has scant support in Michigan law, that it has been rendered plainly inappropriate by People v Chamblis, 395 Mich 408; 236 NW2d 473 (1975), and that Michigan should join the overwhelming majority of jurisdictions in holding that criminal verdicts need not be consistent.

The prosecution’s reliance on People v Chamblis, supra, is misplaced. There, our Supreme Court addressed the ability of a jury to ignore evidence of a greater charge and convict a defendant of a lesser offense. People v Chamblis, supra, 425-427.

It is granted that various jurisdictions do differ with respect to an "inconsistent verdict rule”. See Anno: Inconsistency of criminal verdict as between different counts of indictment or information, 18 ALR3d 259. And it is apparent that the prosecution’s citation of People v Chamblis, supra, was primarily for its reference to Dunn v United States, 284 US 390; 52 S Ct 189; 76 L Ed 356 (1932), perhaps the most prominent case to reject conviction reversals due to inconsistent verdicts.

[755]*755We note that there are many varying factual circumstances in which claims of inconsistent verdicts may arise, but we feel that it is sufficient to restate the rule recognized in this Court that, "In this jurisdiction, inconsistent verdicts cannot stand unless they can be explained on any rational basis”. People v Goodchild, 68 Mich App 226, 237; 242 NW2d 465 (1976), lv den 397 Mich 830 (1976). In the present case it is impossible to rationally explain how the defendant could be convicted of having carried or possessed a handgun in the commission of or attempt to commit a felony when he was simultaneously acquitted of any wrongdoing in the death of the decedent. People v Vaughn, 92 Mich App 742; 285 NW2d 444 (1979).

Moreover, there is a fatal flaw in the felony-firearm conviction in that one of the required elements, viz., the commission of or attempt to commit a felony, was specifically rejected by the jury verdict on the other count. Consequently, there was insufficient evidence to sustain the conviction. People v Johnson, 83 Mich App 1, 18; 268 NW2d 259 (1978).

Dismissal of the conviction is affirmed.

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Bluebook (online)

290 N.W.2d 73, 94 Mich. App. 752, 1980 Mich. App. LEXIS 2419, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-lewis-michctapp-1980.

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