People of Michigan v. Derrick Lee Bassett
328933
| Mich. Ct. App. | Jan 17, 2017Background
- Barrett and Bassett forcibly took Carter’s car at gunpoint after Carter refused them a ride; they grabbed the keys and drove away while Carter fled. The car was recovered four days later; Carter’s phone, taken in the car, was later returned by a third person.
- Defendants were convicted of carjacking (both) and Barrett was also convicted of armed robbery. The appellate court reviewed sufficiency of evidence and an ineffective-assistance-of-counsel claim by Bassett.
- The carjacking statute and model jury instructions treat carjacking as a specific-intent crime requiring intent to permanently deprive (or act inconsistently with owner’s possessory right).
- The Court held intent can be proved circumstantially and only minimal circumstantial evidence is needed to infer specific intent to permanently deprive or to retain the property for an indefinite period.
- The evidence (taking at gunpoint, grabbing keys, retaining the phone, abandoning the car only after learning it was reported stolen) was sufficient to infer the requisite intent for carjacking and armed robbery.
- Bassett’s ineffective-assistance claim (failure to call witnesses/present texts; failure to use a police report to impeach) failed because the record contains no admissible proof of those witnesses or texts, the proffered affidavit was invalid and outside the record, and counsel’s impeachment and trial choices were reasonable trial strategy.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether carjacking requires specific intent to permanently deprive | Prosecution: carjacking is a specific-intent offense under the amended statute and jury instructions | Defendants: (relying on preamendment precedent) argued felonious intent not proved | Held: Carjacking is a specific-intent crime; circumstantial evidence supported intent to deprive/retain indefinitely |
| Sufficiency of evidence for carjacking and armed robbery | Prosecution: taking at gunpoint, grabbing keys, retaining phone, abandoning vehicle after report supports intent | Defendants: argued lack of felonious intent (Walburn-style claim) | Held: Evidence sufficient to convict; intent may be inferred from acts and manner employed |
| Whether defendants’ actions constituted intent to permanently deprive despite temporary abandonment | Prosecution: intent includes retention without purpose to return within reasonable time or other acts inconsistent with possession rights | Defendants: argued they may not have intended permanent deprivation | Held: Intent can be inferred from indefinite retention/use; adoption of precedents showing nonliteral permanence suffices |
| Ineffective assistance of counsel (Bassett) — failure to call witnesses/present texts/use PCR to impeach Carter | Bassett: counsel failed to call witnesses/texts that would show Carter loaned the car; counsel failed to use police report to impeach inconsistent testimony | Prosecution/State: no record support for witnesses or texts; affidavit is invalid and not part of record; counsel reasonably cross-examined and impeached by other means | Held: Claim fails — Bassett did not show deficient performance or prejudice; strategic decisions reasonable and factual predicate absent |
Key Cases Cited
- People v Davenport, 230 Mich. App. 577 (discussing historical view of carjacking as general intent)
- People v Harverson, 291 Mich. App. 171 (specific-intent larceny includes retention without purpose to return within reasonable time)
- People v Jones, 98 Mich. App. 421 (larceny proven where property taken and retained in manner inconsistent with owner’s possessory right)
- People v Hawkins, 245 Mich. App. 439 (intent may be inferred from circumstantial evidence and manner of the offense)
- People v Lane, 308 Mich. App. 38 (standard of review for ineffective-assistance claims when no evidentiary hearing was held)
- People v Dunigan, 299 Mich. App. 579 (decisions on witnesses and evidence are presumed trial strategy)
- People v Carbin, 463 Mich. 590 (defendant bears burden to establish factual predicate for ineffective-assistance claim)