People of Michigan v. Christopher Remington Lawrence
330762
| Mich. Ct. App. | Jun 20, 2017Background
- Defendant Christopher Lawrence shot from his car at a group standing in a front yard after leaving and returning to a party; one victim suffered a shattered femur and was wheelchair-bound and in therapy.
- Defendant had two children in the vehicle, was carrying an unregistered handgun illegally, fired multiple times from ~30 feet, then discarded the gun and fled without calling police.
- Defendant was convicted by a jury of assault with intent to commit murder (AWIM), discharging a firearm from a motor vehicle causing physical injury, carrying a dangerous weapon with unlawful intent, carrying a concealed weapon, and felony-firearm.
- On appeal, Lawrence challenged (1) sufficiency of the evidence as to AWIM intent and (2) scoring of sentencing offense variables OV 3 and OV 12.
- The trial court scored OV 3 at 25 points (life-threatening or permanent incapacitating injury) and OV 12 at 25 points (three or more contemporaneous felonious acts against persons not resulting in separate convictions).
- The Court of Appeals affirmed both the conviction and the sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for AWIM (intent to kill) | Prosecution: circumstantial evidence (multiple shots at close range, flight, concealment of weapon) supports intent to kill | Lawrence: lacked requisite intent to kill; acted out of fear and fled initially | Affirmed — jury could infer intent to kill from use of deadly weapon, return to scene, multiple shots at close range, flight and concealment |
| Sentencing — OV 3 and OV 12 scoring | State: OV 3 properly scored 25 (victim likely permanently incapacitated); OV 12 properly scored 25 (multiple contemporaneous assaults and additional shots on others) | Lawrence: OV 3 not supported because no medical proof of permanence; OV 12 improperly used offenses that overlap with charged crimes | Affirmed — OV 3 supported by victim testimony and circumstances; OV 12 supported by separate acts (multiple shots and risk to other persons) |
Key Cases Cited
- People v. Solloway, 316 Mich. App. 174 (court reviews sufficiency of evidence de novo)
- People v. Kanaan, 278 Mich. App. 594 (state of mind may be inferred from circumstantial evidence)
- People v. Henderson, 306 Mich. App. 1 (intent to kill may be inferred from use of a deadly weapon and consciousness of guilt)
- People v. McCuller, 479 Mich. 672 (medical testimony not required to prove permanent or life-threatening injury)
- People v. Light, 290 Mich. App. 717 (OV 12 scoring requires looking beyond acts that merely establish the sentencing offense)
- People v. Lockridge, 498 Mich. 358 (sentencing-guidelines review and reasonableness framework)