People of Michigan v. David Jones
327602
| Mich. Ct. App. | Oct 18, 2016Background
- Defendant David Jones, a convicted felon, was arrested in a Detroit home after police responded to complaints of squatters.
- Officer Jason Murphy testified he saw Jones place an object between a mattress and box springs, believed it was a firearm, and found a firearm exactly where he saw Jones place the object.
- A second firearm was found a few feet away; the parties stipulated Jones’s prior felony status making possession illegal.
- Jones was convicted by a jury of felon in possession (MCL 750.224f) and felony-firearm (MCL 750.227b) and sentenced to probation and imprisonment.
- On appeal Jones argued (1) insufficient evidence of possession and (2) the jury instruction on constructive possession was misleading.
- The Court of Appeals affirmed Jones’s convictions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for felon-in-possession | Prosecution: Officer Murphy’s eyewitness testimony that Jones placed an object later recovered as a firearm shows possession | Jones: No sufficient proof he possessed a firearm (actual or constructive) | Affirmed — testimony provided sufficient evidence of possession |
| Sufficiency of evidence for felony-firearm | Prosecution: Felony-firearm depends on possession of a firearm during a felony; possession proved by same evidence | Jones: Challenges possession element (attacking underlying felon-in-possession) | Affirmed — felony-firearm stands because possession was proven |
| Constructive-possession jury instruction error | Prosecution: Instruction was consistent with controlling law | Jones: Instruction omitted explicit language that possession requires intent to exercise control | Waived by counsel’s express approval; alternatively, no plain error affecting substantial rights |
| Ineffective assistance for failing to object to instruction | N/A | Jones did not raise ineffective-assistance claim on appeal | Abandoned — not argued; court declines to consider |
Key Cases Cited
- People v Mayhew, 236 Mich App 112 (discussing standard of review for sufficiency of the evidence)
- People v Johnson, 460 Mich 720 (standard for viewing evidence in favor of the prosecution)
- People v Minch, 493 Mich 87 (defining actual vs. constructive possession; totality-of-circumstances/sufficient-nexus test)
- People v Hill, 433 Mich 464 (constructive possession: proximity plus indicia of control; known location and reasonable accessibility)
- People v Burgenmeyer, 461 Mich 431 (further discussion of constructive possession)
- People v Carines, 460 Mich 750 (plain-error review standard)
- People v Kowalski, 489 Mich 488 (analysis of jury instructions and whether they mislead jury)
- People v Sabin (On Second Remand), 242 Mich App 656 (preservation requirement for jury-instruction challenges)
- People v Matuszak, 263 Mich App 42 (waiver when counsel expressly approves instructions)