People of Michigan v. Antjuan Pierre Jackson
332307
| Mich. Ct. App. | Jul 25, 2017Background
- Defendant Antjuan Jackson pleaded guilty to unarmed robbery arising from a January 20, 2014 home invasion in which masked men pointed guns and threatened victims; victims identified defendant as the leader.
- Jackson had prior convictions within five years including two attempted resisting/obstructing police offenses and one resisting/obstructing conviction; he also had a prior cocaine possession conviction.
- At trial a jury acquitted Jackson of felony-firearm charges and deadlocked on armed-robbery counts; Jackson later pled guilty to unarmed robbery and was sentenced as a second-offense habitual offender to 8 to 22½ years’ imprisonment.
- At sentencing the Michigan Department of Corrections’ report credited Jackson with OV 1 = 15 points and OV 2 = 5 points (based on a codefendant’s armed-robbery convictions) and OV 13 = 25 points (continuing pattern of felonious criminal activity).
- Jackson challenged scoring of OV 13 (arguing attempted misdemeanors should not count) and OV 1/OV 2 (arguing acquittal of felony-firearm charges precluded firearm-related scoring).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| OV 13: whether attempted resisting/obstructing convictions may be counted as felonious crimes against a person for OV 13 | State: OV 13 properly scored because attempts are treated as same offense category/class under MCL 777.19 and count toward felonious activity | Jackson: attempted misdemeanors punishable <1 year are not "felonious criminal activity" and thus should not be counted | Held: OV 13 properly scored at 25 points; MCL 777.19 requires attempts be treated as felonious equivalents and the record shows three or more crimes against a person within 5 years |
| OV 1 / OV 2: whether acquittal of felony-firearm prevents scoring weapon-related offense variables | State: scoring based on victims’ trial testimony and codefendant Phillips’ armed-robbery convictions; in multiple-offender cases same weapon score applies to all offenders | Jackson: acquittal of felony-firearm and lack of personal firearm conviction mean OV1/OV2 points inappropriate | Held: OV1 (15) and OV2 (5) properly assessed — Morson requires same scoring for multiple offenders and facts supporting weapon use were proven by a preponderance of the evidence despite acquittal |
| Proportionality/minimum sentence calculation | State: minimum sentence was within guidelines and presumptively proportionate | Jackson: argued minimum-sentence calculation and proportionality were incorrect due to OV scoring errors | Held: Because OV scoring was correct and the minimum fell within guidelines, the sentence is presumptively proportionate and affirmed |
Key Cases Cited
- People v Hardy, 494 Mich. 430 (sentencing factual findings reviewed for clear error; preponderance standard for OV findings)
- People v Lockridge, 498 Mich. 358 (guidelines advisory; court must calculate guideline range and consider it)
- People v Morson, 471 Mich. 248 (in multiple-offender cases, same OV weapon points must be assessed to all offenders)
- People v Johnson, 298 Mich. App. 128 (trial courts may consider PSIR and plea admissions in guideline scoring)
- People v Osantowski, 481 Mich. 103 (court may find facts by preponderance for sentencing)
- People v Parr, 197 Mich. App. 41 (facts underlying acquittal may be considered at sentencing)
- People v Armisted, 295 Mich. App. 32 (guidelines range within sentence triggers presumption of proportionality)
- People v Schrauben, 314 Mich. App. 181 (affirming presumptive proportionality when sentence within guidelines)