People of Michigan v. Donnie Anthony Thomas-Dawson
332339
| Mich. Ct. App. | Aug 3, 2017Background
- Early morning Jan. 27, 2015: Defendant and Joseph Brown entered a Detroit gas-station convenience store; defendant later produced a pistol, forced victim Gordon Johnson out, struck him with the pistol (breaking teeth), and Johnson and Brown stole money, marijuana, and a jacket.
- Johnson seized an opportunity, punched defendant, ran, and defendant fired shots that missed; store attendant Mohammed Bin Rabed and Johnson described the assailant as tall, with “puffed up hair,” wearing a yellow turtleneck.
- About ten minutes later a witness (Breaun Glasper) saw the same two men near a liquor-store parking lot; Brown carried a pistol and they fled in a black two‑door Monte Carlo with plastic covering the rear passenger window.
- Police arrested defendant and Brown ~1 hour later in the same car; defendant wore a yellow shirt but no pistol, money, or jacket were recovered; both Johnson and Glasper identified defendant at a corporeal lineup the next day.
- After a bench trial defendant was convicted of armed robbery, assault with intent to do great bodily harm, carrying a concealed weapon (CCW), and felony‑firearm; he appealed multiple issues including sufficiency of the CCW evidence, sentencing errors, costs/fees, eyewitness ID, and ineffective assistance for not pressing a speedy‑trial claim.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of CCW evidence | Testimony showed weapon was concealed until brandished; supports CCW conviction | Defendant argues pistol was seen (not concealed) when used, so CCW not proven | Court: Evidence viewed favorably to prosecution; concealment need not be absolute—conviction affirmed |
| Felony‑firearm consecutive sentencing | Prosecutor: felony‑firearm may run consecutive to predicate felony (armed robbery) | Defendant: felony‑firearm improperly ordered consecutive to unrelated sentences (e.g., assault, CCW) | Court: Remand to make felony‑firearm consecutive only to armed robbery (CCW cannot be predicate) |
| Imposition of $600 court costs | Costs are authorized under MCL 769.1k but must be factually supported on record | Defendant: court failed to state factual basis for $600 assessment | Court: Agree remand for hearing so trial court states factual basis for costs |
| $400 attorney fees | State: fees may be imposed at sentencing under statute | Defendant: court assessed fees without first determining indigency or ability to pay | Court: Fee assessment at sentencing not error; defendant may challenge on enforcement and indigency before MDOC later |
| Ineffective assistance re: speedy‑trial | State: delay attributable in part to defendant, counsel, and codefendant; defendant not prejudiced | Defendant: counsel failed to insist on speedy trial (claimed violation) | Court: Delay (~12.5 months) < 18 months; defendant failed to show prejudice; many delays not state’s fault; no plain‑error relief |
| Eyewitness identification | State: witnesses had close, well‑lit view, prompt IDs (<24 hrs), and were certain | Defendant: lineup was suggestive (only person with tattoos) and tainted IDs | Court: Differences go to weight, not admissibility; lineup not so suggestive to create substantial likelihood of misidentification; conviction affirmed |
Key Cases Cited
- People v Jones, 12 Mich. App. 293 (Mich. Ct. App.) (concealment under CCW statute does not require absolute invisibility)
- People v Espinosa, 142 Mich. App. 99 (Mich. Ct. App.) (concealment during part of offense can support CCW)
- People v Nimeth, 236 Mich. App. 616 (Mich. Ct. App.) (statutory purpose of concealed‑weapons law: prevent surprising victims)
- People v Unger, 278 Mich. App. 210 (Mich. Ct. App.) (appellate review defers to factfinder credibility assessments)
- People v Taybron, 486 Mich. 899 (Mich.) (felony‑firearm consecutive sentencing principles)
- People v Konopka (On Remand), 309 Mich. App. 345 (Mich. Ct. App.) (trial court must state factual basis for court costs under MCL 769.1k)
- People v Jackson, 483 Mich. 271 (Mich.) (procedure for collection of court‑ordered attorney fees and indigency analysis at enforcement)
- People v Williams, 475 Mich. 245 (Mich.) (factors for speedy‑trial claim)
- People v Kurylczyk, 443 Mich. 289 (Mich.) (standard for assessing suggestive pretrial identification)
- Neil v. Biggers, 409 U.S. 188 (U.S.) (factors to evaluate reliability of eyewitness identification)