People of Michigan v. Deric Dwayne Martin Jr
332334
| Mich. Ct. App. | May 23, 2017Background
- Defendant Deric Dwayne Martin, Jr. convicted by jury of assault with intent to do great bodily harm less than murder; intentional discharge of a firearm at an occupied structure; carrying a concealed weapon; and felony-firearm. Sentences ranged from concurrent prison terms and a consecutive two-year felony-firearm term.
- Shooting occurred during an altercation at a convenience store/gas station; victim and at least one witness identified defendant as the shooter.
- Surveillance video showing the shooter was introduced at trial; a detective and a witness identified defendant in the video, in part by clothing and social-media photos.
- Defendant appealed, arguing (1) insufficient evidence of identity and (2) mis-scoring of sentencing guideline offense variables OV 3 and OV 14.
- The Court of Appeals affirmed: eyewitness ID and additional identifications provided sufficient evidence of identity; the trial court’s scoring of OV 3 (25 points) and OV 14 (10 points) was supported by the record.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence—identity of shooter | Prosecution: victim’s identification plus video and other witness/detective IDs sufficiently proved identity | Martin: identification evidence was insufficient to prove he was the shooter beyond a reasonable doubt | Affirmed—victim’s unequivocal ID alone was sufficient; corroborating IDs supported rational factfinder conclusion |
| OV 3 (injury severity) scoring | Prosecution: 25 points appropriate because wound required exploratory laparotomy and overnight care—life‑threatening or permanently incapacitating injury | Martin: argued 25 points not justified; wound not proven life‑threatening | Affirmed—medical treatment and surgical intervention supported life‑threatening finding and 25 points |
| OV 14 (leadership role in multiple‑offender situation) scoring | Prosecution: 10 points because defendant obtained gun from accomplice and was the active aggressor | Martin: no testimony establishing he was a leader; transfer of gun insufficient | Affirmed—evidence that gun was passed to defendant and he was the primary aggressor supported leader score |
| Standard of review for guideline scoring | Not disputed; court applies established standards | Not disputed; defendant acknowledged review standards | Court applied de novo review of sufficiency and clear‑error review of factual findings per precedent |
Key Cases Cited
- People v Newby, 66 Mich. App. 400 (single eyewitness can suffice for conviction)
- People v Davis, 241 Mich. App. 697 (eyewitness ID principles)
- People v McKinney, 258 Mich. App. 157 (evidence must allow rational trier of fact to find essential elements beyond reasonable doubt)
- People v Hardy, 494 Mich. 430 (standard of review for scoring sentencing guidelines)
- People v McCuller, 479 Mich. 672 (medical testimony not required to establish life‑threatening injury)
