People of Michigan v. Andrew Jackson Jr
328580
| Mich. Ct. App. | Dec 22, 2016Background
- On Jan 12, 2015, Phyllis Knox was carjacked at gunpoint while her two grandsons sat in the Chevrolet HHR; the assailant drove off with the car. Knox identified Andrew Jackson, Jr. as the perpetrator.
- Police located the HHR at defendant’s sister’s house, surveilled it, and later arrested defendant after he left in the car; he fled and fought with an officer. A loaded gun was found in his pocket and he wore clothing matching witness descriptions.
- Defendant claimed an alibi: he was at home then later used the HHR with permission from another man; he also claimed police planted the gun and beat him. The trial court rejected his testimony and convicted him after a bench trial of carjacking, armed robbery, two counts of felonious assault, CCW, felon in possession, resisting/obstructing, and felony-firearm.
- Before trial defendant validly waived a jury in writing and orally; on the trial day he asked to withdraw the waiver and refused to enter the courtroom. The trial court denied withdrawal and proceeded without him after concluding he knowingly waived presence by refusing to attend.
- Sentencing: the court scored the guidelines (OV total 70), placed defendant in OV Level IV, and sentenced him as a fourth-offense habitual offender to concurrent long prison terms plus a consecutive 2-year felony-firearm term. The Court of Appeals affirmed convictions but remanded for a Lockridge-based inquiry on resentencing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Withdrawal of jury waiver | Waiver was valid and court properly refused last-minute withdrawal | Jackson sought to revoke his prior jury waiver before trial | Court: no abuse of discretion; waiver was knowingly and voluntarily made and defendant offered no good cause to withdraw |
| Right to be present | Court properly proceeded when defendant refused to enter courtroom; counsel informed court he refused | Jackson argued proceeding without a personal on-record waiver violated his right to be present | Court: defendant waived presence by voluntary refusal; record shows he knew right and intentionally absented himself |
| Scoring OV 9 and OV 10 | State: OV9 properly scored (two grandsons were victims); OV10 score was agreed by defense | Jackson argued OV9 and OV10 should be zero; alternatively ineffective assistance for counsel’s agreement on OV10 | Court: OV9 (10 pts) correct because children were placed in danger; OV10 waiver by counsel prevents review and, in any event, five points did not affect grid placement; ineffective-assistance claim fails for lack of prejudice |
| Sentence reasonableness & Lockridge | Sentencing within guideline range and judge made proportionality findings; sentence reasonable | Jackson argued sentence unconstitutional under Lockridge and disproportionate under Milbourn | Court: sentence did not depart from guidelines and judge considered proportionality, but remanded for the Lockridge remedial inquiry (whether court would have imposed a materially different sentence absent the mandatory component) |
Key Cases Cited
- Lockridge v. Michigan, 498 Mich 358 (2015) (holding mandatory guidelines based on judge-found facts violated Sixth Amendment; remedial inquiry required)
- Milbourn v. People, 435 Mich 630 (1990) (sentences must be proportionate to offense and offender)
- People v. Cook, 285 Mich App 420 (2009) (standards for knowing, voluntary jury waiver)
- People v. Mosly, 259 Mich App 90 (2003) (presumption of valid waiver when court complies with rule)
- People v. Buie, 491 Mich 294 (2012) (definition of good cause to withdraw a jury waiver)
- United States v. Gagnon, 470 US 522 (1985) (defendant’s right to be present at trial and circumstances of waiver)