People of Michigan v. Ashlynn Melodie Dupree
332289
Mich. Ct. App.Jul 25, 2017Background
- Defendant Dupree gave the complainant a ride to a strip club; an altercation over payment occurred and Dupree threw the complainant’s phone from the car.
- Dupree called her boyfriend, Devonte Johnson; they met at a church parking lot where Johnson had a gun and pointed it at the complainant while Dupree searched her belongings and took money.
- Johnson fired the gun once during the encounter; the complainant was restrained and later robbed of cash and belongings.
- Dupree was convicted by a jury of armed robbery (as an aider and abettor), unlawful imprisonment, and felony-firearm, and received concurrent prison terms plus a consecutive felony-firearm term.
- Post‑sentence, Dupree moved for a new trial or reinstatement of a plea offer, arguing ineffective assistance during plea negotiations; the trial court denied relief and the Court of Appeals affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance at plea stage (Lafler claim) | Prosecutor: no reversible error; defendant was not offered the plea she claims and remedy would be reoffer, not new trial | Dupree: counsel misadvised her that she could not be liable for armed robbery without possessing a gun, so she rejected a plea she would have accepted | Court: no relief — plea terms asserted by Dupree were not offered; even assuming bad advice, remedy would be reoffer/resentencing under Lafler and trial court properly denied new trial |
| Sufficiency of evidence for armed robbery (aiding and abetting) | Prosecution: evidence supports that Dupree planned/instigated meeting, encouraged Johnson, and relied on gun to obtain money | Dupree: she did not know Johnson had a gun before he fired it and thus could not have aided and abetted armed robbery | Court: evidence sufficient — Dupree telephoned Johnson, arranged meeting, searched victim while Johnson pointed the gun, and urged victim to give money; jury reasonably inferred knowledge and intent |
| Sufficiency of evidence for felony‑firearm (aiding and abetting) | Prosecution: Dupree’s acts and encouragement aided Johnson’s possession/use of the gun during the felony | Dupree: argued insufficient proof she procured/encouraged firearm use | Court: evidence sufficient under Moore — Dupree relied on and encouraged Johnson’s use/possession of the firearm during the robbery |
| Scoring of OV 19 at sentencing | State: OV19 properly scored based on interference with administration of justice | Dupree: challenged 10 points as improper judicial fact‑finding; raised only on appeal | Court: issue abandoned for lack of timely/adequate argument; appellate review declined |
Key Cases Cited
- Lafler v. Cooper, 566 U.S. 156 (2012) (prejudice test and remedies when ineffective assistance causes rejection of plea offer)
- Strickland v. Washington, 466 U.S. 668 (1984) (ineffective assistance standard: deficient performance and prejudice)
- Hill v. Lockhart, 474 U.S. 52 (1985) (application of Strickland to plea negotiations)
- People v. LaVearn, 448 Mich. 207 (1995) (Michigan application of Strickland prejudice standard)
- People v. Carines, 460 Mich. 750 (1999) (factors for inferring aider‑and‑abettor state of mind)
- People v. Moore, 470 Mich. 56 (2004) (standard for aiding and abetting felony‑firearm)
- People v. Rodgers, 248 Mich. App. 702 (Mich. Ct. App.) (elements of armed robbery)
- People v. McConnell, 124 Mich. App. 672 (Mich. Ct. App.) (assault element: reasonable apprehension of immediate battery)
- People v. Babcock, 469 Mich. 247 (2003) (remedial discretion after ineffective‑assistance plea claims)