People v. Triplett

878 N.W.2d 811, 499 Mich. 52
CourtMichigan Supreme Court
DecidedMarch 28, 2016
DocketDocket No. 151434
StatusPublished
Cited by18 cases

This text of 878 N.W.2d 811 (People v. Triplett) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Triplett, 878 N.W.2d 811, 499 Mich. 52 (Mich. 2016).

Opinion

PER CURIAM.

We consider in this case whether the common-law affirmative defense of self-defense is available to a defendant charged with carrying a concealed weapon (CCW), MCL 750.227, when the concealed weapon is an “other dangerous weapon.” The defendant was convicted of CCW under MCL 750.227(1) for carrying an “other dangerous weapon” concealed on his person when he used a utility knife as a weapon. Contrary to the Court of Appeals’ determination, we conclude that the common-law affirmative defense of self-defense is available to a defendant charged with CCW for concealing an instrument which is a dangerous weapon only because it is used as a weapon. Accordingly, we reverse the judgment of the Court of Appeals, vacate the defendant’s CCW conviction, and remand for further proceedings consistent with this opinion.

I. FACTUAL AND PROCEDURAL BACKGROUND

On October 28, 2012, the defendant and his wife attended a party together, but they disagreed about [54]*54when to leave. The defendant’s wife was intoxicated and angry when the defendant insisted they leave before she was ready. Shortly after returning home over her objection, the defendant’s wife left their home on foot to return to the party. The defendant followed her in his truck, hoping to persuade her to return home. When his wife refused to get back into the defendant’s truck, they engaged in a shoving match on the side of the road.

Two men driving by observed the struggle and stopped to assess the situation. They offered the defendant’s wife a ride, and she got into the back seat of their vehicle. The defendant attempted to intervene and to remove his wife from the car, but one of the men stopped him. According to the defendant, the man choked him, and the defendant responded by pulling out a utility knife with a two-inch blade, which he held in the air and threatened to use if the man did not let go. When they broke free from each other, the two men left the scene with the defendant’s wife and called 911. The defendant, who also left the scene, was arrested at his home.

The defendant was charged with felonious assault, CCW, and domestic violence, and the case was tried to a jury. The trial court instructed the jury that self-defense was an available defense to the defendant’s felonious assault charge but that it was not an available defense to the CCW charge. The jury found the defendant not guilty of the felonious assault charge, but convicted him of CCW and domestic violence.

The defendant appealed, arguing that the trial court erred by instructing the jury that self-defense was not an affirmative defense to a charge of CCW and that his trial counsel was ineffective by failing to object to the [55]*55instruction. The Court of Appeals affirmed and held that self-defense is not a defense to a CCW charge, reasoning that a defendant’s purpose for concealing a weapon is irrelevant, and therefore a self-defense purpose for using the weapon is not a defense to a CCW charge.1 The defendant sought leave to appeal in this Court.

II. ANALYSIS

The defendant was charged and convicted of CCW under MCL 750.227(1), which provides:

A person shall not carry a dagger, dirk, stiletto, a double-edged nonfolding stabbing instrument of any length, or any other dangerous weapon, except a hunting knife adapted and carried as such, concealed on or about his or her person, or whether concealed or otherwise in any vehicle operated or occupied by the person, except in his or her dwelling house, place of business or on other land possessed by the person. [MCL 750.227(1) (emphasis added).]

The defendant was not alleged to have possessed any of the weapons specifically identified in the statute; instead, the prosecution had to prove that the utility knife carried by defendant was an “other dangerous weapon.”

We first addressed the characteristics of an “other dangerous weapon” in People v Goolsby, 284 Mich 375; 279 NW 867 (1938), in the context of our felonious assault statute.2 We held that the statute penalized a [56]*56felonious assault by use of dangerous weapons per se, which “carry their dangerous character because so designed and are, when employed, per se, deadly,” as well as “other instrumentalities [that] are not dangerous weapons unless turned to such purpose.” Id. at 378. We explained that the test to determine if an instrument is an “other dangerous weapon” is “whether the instrumentality was used as a weapon and, when so employed in an assault, [was] dangerous.” Id. We later extended this definition of “other dangerous weapon” to the CCW statute at issue in this case in People v Vaines, 310 Mich 500, 506; 17 NW2d 729 (1945), explaining:

We are convinced that the legislature intended the words “other dangerous weapon,” as used in section 227, to mean any concealed article or instrument which the carrier used, or carried for the purpose of using, as a weapon for bodily assault or defense. The legislature certainly did not intend to include as a dangerous weapon the ordinary type of jackknife commonly carried by many people, unless there was evidence establishing that it was used, or was carried for the purpose of use, as a weapon.[3]

It follows from Vaines that to convict an individual for violating MCL 750.227(1) for carrying an instrument that is not a dangerous weapon per se, the evidence must show that a defendant used the instrument, or was carrying the instrument for the purpose of use, as a weapon. Id.

[57]*57The parties do not dispute that the defendant was charged with CCW under MCL 750.227(1) for possessing an instrument that was an “other dangerous weapon” only because it was used as a weapon. Likewise, there is no dispute that, absent a viable affirmative defense, the evidence supported the defendant’s conviction for CCW; the defendant concedes that he used the utility knife as a weapon but insists that his use was justified. As a general matter, a defendant who asserts the affirmative defense of self-defense “admits the crime but seeks to excuse or justify its commission.” People v Dupree, 486 Mich 693, 704 n 11; 788 NW2d 399 (2010).

We have not explicitly addressed whether an individual charged with CCW can assert the common-law affirmative defense of self-defense to justify his or her carrying of an instrument that becomes a dangerous weapon when he or she uses it as such. And MCL 750.227 does not address whether the common-law affirmative defense of self-defense is available for the crime of CCW. But the absence of a clear statutory recognition of the defense does not necessarily bar a defendant from relying on the defense to justify his violation of the statute. See Dupree, 486 Mich at 705. To the contrary, in Dupree, we clearly held that self-defense was an available affirmative defense to a felon-in-possession charge under MCL 750.224f when the felon’s temporary possession of a firearm was the result of an attempt to repel an imminent threat. Id. at 706. We did not read that statute’s silence as to self-defense to indicate a legislative intent to make the defense unavailable; rather, we concluded that “[a]b-sent some clear indication” in the statute that the Legislature abrogated the firmly embedded common-law affirmative defense of self-defense, the defense

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Cite This Page — Counsel Stack

Bluebook (online)
878 N.W.2d 811, 499 Mich. 52, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-triplett-mich-2016.