History
  • No items yet
midpage
People of Michigan v. Deric Dwayne Martin Jr
332334
| Mich. Ct. App. | May 23, 2017
Read the full case

Background

  • 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)
Read the full case

Case Details

Case Name: People of Michigan v. Deric Dwayne Martin Jr
Court Name: Michigan Court of Appeals
Date Published: May 23, 2017
Docket Number: 332334
Court Abbreviation: Mich. Ct. App.