People of Michigan v. Brandon Laurence Miller
331849
| Mich. Ct. App. | May 16, 2017Background
- Defendant pleaded guilty in two cases: (1) second-degree home invasion for breaking into a residence and stealing marijuana and money, and (2) breaking and entering a shooting range, stealing firearms, and felony-firearm based on the breaking-and-entering predicate.
- At plea-taking defendant admitted breaking a window to enter the shooting range and taking guns only after entry; he conceded he lacked permission.
- Defendant moved to withdraw his pleas, arguing the factual basis for felony-firearm was inadequate because he acquired the firearms after the breaking-and-entering was complete.
- Trial court denied the motion; defendant appealed by leave granted.
- The Court of Appeals affirmed the home-invasion conviction but found the plea record insufficient to support felony-firearm predicated on breaking-and-entering and remanded for the prosecutor to supplement the record consistent with People v Mitchell.
- If the prosecutor cannot show defendant possessed a firearm while committing the predicate felony, the court directed the plea(s) to breaking-and-entering and felony-firearm be set aside (with further procedural steps if supplemental evidence is contested).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the plea record supplied a sufficient factual basis for felony-firearm where defendant obtained guns after entry | Prosecutor: felony-firearm may stand even if there is no separate conviction of the predicate felony; alternate felonies might support firearm offense | Miller: Mitchell bars using breaking-and-entering as predicate when firearm possession began after entry; plea record shows possession occurred only after completion of the break-in | Felony-firearm plea inadequate on this record because breaking-and-entering is complete upon entry; remand to allow prosecutor to supplement evidence per Mitchell |
| Whether Lewis and related authority permit upholding felony-firearm despite inadequate plea factual basis | Prosecutor: Lewis allows felony-firearm conviction without conviction of underlying felony; analogously supports plea here | Miller: Mitchell controls guilty-plea context and limits Lewis to jury compromise cases; plea facts must support elements | Court: Lewis applies to jury verdicts and does not authorize sustaining guilty pleas unsupported by factual basis; Mitchell controls |
| Whether convictions in both cases must be vacated if felony-firearm plea fails | Prosecutor: defendant pleaded willingly; convictions resulted from plea bargain | Miller: sought to withdraw both pleas | Court: Affirmed home-invasion conviction (defendant failed to challenge it adequately); only remanded the breaking-and-entering and felony-firearm counts for further proceedings |
| Appropriate remedy when plea factual basis is inadequate | Prosecutor: (implicitly) deny withdrawal; uphold plea if possible | Miller: withdraw guilty pleas | Court: Remand under Mitchell for prosecutor to supplement record; if unable, vacate felony-firearm and related breaking-and-entering plea as directed by Mitchell; allow opportunity to contest supplemental proof |
Key Cases Cited
- People v Mitchell, 431 Mich 744 (1988) (guilty plea invalid where plea facts show firearm possession occurred after completion of predicate breaking-and-entering; court may remand for supplemental proof)
- People v Shipley, 256 Mich App 367 (2003) (distinguishes breaking-and-entering from home-invasion for purposes of felony-firearm predicate)
- People v Lewis, 415 Mich 443 (1982) (jury may acquit underlying felony yet convict of felony-firearm; holding limited to jury verdicts and does not validate unsupported guilty pleas)
- People v Burgess, 419 Mich 305 (1984) (explains limits of Lewis when cases are tried by judge or on appeal; underlying felony must be shown)
- People v Brown, 492 Mich 684 (2012) (standard of review: trial court’s denial of motion to withdraw plea reviewed for abuse of discretion)