People of Michigan v. Donquia Jerome Beavers
330694
| Mich. Ct. App. | Jun 27, 2017Background
- Defendant Donquia Jerome Beavers convicted by jury of felon-in-possession of a firearm (MCL 750.224f) and sentenced as a fourth habitual offender to 3–10 years.
- At trial the prosecution presented testimony that defendant and another person were shooting toward a nearby apartment and that defendant held a gun to a witness’s head.
- Police recovered an unloaded handgun on a kitchen table in April Tasley’s apartment roughly 10 feet from defendant; magazine removed. The gun was registered to Tasley.
- Parties stipulated defendant had a prior specified felony conviction; eligibility to possess a firearm was not disputed on appeal.
- Jury acquitted defendant of other weapon-related charges but convicted on the felon-in-possession count; defendant appealed claiming insufficient evidence of possession.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence was sufficient to prove felon-in-possession | Prosecutor: testimony placed defendant in actual and constructive possession of the gun (shooting, holding gun to witness, proximity to recovered gun) | Beavers: jury’s acquittals on other weapon counts and lack of physical possession show insufficient proof of possession; gun was inoperable | Affirmed: sufficient evidence of actual and/or constructive possession to support conviction |
Key Cases Cited
- People v. Henderson, 306 Mich. App. 1 (discusses de novo review of sufficiency of the evidence)
- People v. Bailey, 310 Mich. App. 703 (standard for viewing evidence in light most favorable to prosecution)
- People v. Kanaan, 278 Mich. App. 594 (role of trier of fact to assess credibility)
- People v. Hardiman, 466 Mich. 417 (instructs that appellate question is whether a rational trier of fact could find guilt beyond a reasonable doubt)
- People v. Ericksen, 288 Mich. App. 192 (circumstantial evidence and reasonable inferences can support conviction)
- People v. Brown, 249 Mich. App. 382 (handgun need not be operable to qualify under felon-in-possession statute)
- People v. Johnson, 293 Mich. App. 79 (defines constructive possession: proximity plus indicia of control)
- People v. Strickland, 293 Mich. App. 393 (possession may be sole or joint; dominion need not be exclusive)
- People v. Burgenmeyer, 461 Mich. 431 (constructive possession suffices; physical possession unnecessary)
- People v. Wilson, 496 Mich. 91 (inconsistent jury verdicts permissible and not reversible on that basis)
- People v. Vaughn, 409 Mich. 463 (supporting authority on jury verdict considerations)