People of Michigan v. Darin Alexander Brown
333826
| Mich. Ct. App. | Jan 2, 2018Background
- Victim left purse and coat with cell phone on chair at bar; purse later missing with cards; defendant seated behind victim; purse and items found under booth; victim’s phone and cards recovered from defendant.
- Defendant accused of larceny in a building and stealing a financial transaction device based on possession of stolen items and actions at the scene.
- Court conducted bench trial; conviction upheld; sentences as fourth-offense habitual offender concurrent 34-180 months.
- Sufficiency and great-weight challenges addressed; trial court’s handling of counsel substitution reviewed; no reversal ordered.
- Direct evidence supported intent to permanently deprive; defense theory of third-party theft rejected; substantial corroborating testimony and physical recovery of items.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for larceny in a building | Brown | Brown | Sufficient evidence supported |
| Great weight of the evidence | Brown | Brown | Not against great weight |
| Right to substitute counsel | Brown | Brown | No abuse of discretion; no reversible error |
Key Cases Cited
- People v Robinson, 475 Mich 1 (2006) (sufficiency of circumstantial evidence standard)
- People v Meissner, 294 Mich App 438 (2011) (sufficiency review de novo; Meissner standard)
- People v Harverson, 291 Mich App 171 (2010) (intent to permanently deprive inferred from conduct)
- People v Nowack, 462 Mich 392 (2000) (prosecution not required to disprove all theories)
- Ginther, 390 Mich 436 (1973) (need to hold evidentiary hearing on counsel substitution claims)
- People v Buie, 298 Mich App 50 (2012) (substitution of counsel for good cause if no disruption of process)
- People v Traylor, 245 Mich App 460 (2001) (right to counsel; substitution not automatic)
- People v Strickland, 293 Mich App 393 (1998) (standard for evaluating counsel performance)