People of Michigan v. Kajuan Latroy Brown
331309
Mich. Ct. App.Jun 27, 2017Background
- Defendant Kajuan LaTroy Brown was convicted by a jury of two counts of armed robbery, one count of safe stealing, and felony-firearm (second offense) for a February 9, 2015 robbery and ATM theft from a Detroit rehabilitation center; sentenced as a third-offense habitual offender to lengthy concurrent prison terms plus a consecutive five-year felony-firearm term.
- Victims’ faces were covered; two employees could not identify the perpetrators. Defendant was a former patient familiar with the facility and the ATM.
- Co-defendant/juvenile Isiah Lemons (15 at the time) admitted participation and testified he, not Brown, had the gun and later opened the ATM; he conceded Brown helped move the ATM on a dolly.
- A third party, Earl "Red" Canyon, contacted police after seeing a news broadcast and identified Brown as a suspect; Canyon later testified and reported being threatened and shot at before testifying.
- Phone recordings showed Brown directing family/contacts to stop Canyon from testifying; the jury convicted Brown of felony-firearm and related offenses.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for felony-firearm | Evidence (victim testimony, Brown’s stature, role, and conduct) supports Brown was the person who possessed the firearm | Lemons testified he had the gun; reasonable doubt exists whether Brown or Lemons possessed the firearm | Conviction upheld — circumstantial evidence permitted inference Brown possessed the gun; conflicts resolved for prosecution |
| Scoring OVs 1 & 2 (weapon aggravation/lethality) | Trial evidence supports Brown pointed a revolver and possessed a pistol | Argues insufficient proof Brown, rather than Lemons, had the gun; challenges scoring | Scoring sustained — sufficient evidence Brown possessed/pointed the firearm |
| Scoring OV 13 (continuing pattern) | Three felonious offenses within five years (two armed robberies + safe stealing) justify 25 points | Asserts only two qualifying offenses | OV 13 correctly scored 25 points (multiple offenses in same event count) |
| Scoring OV 19 & Lockridge challenge (witness intimidation/judicial fact-finding) | Recorded calls show Brown attempted to prevent Canyon’s testimony; 10 points proper; advisory guidelines post-Lockridge allow judicial fact-finding | Argues OV19 facts not encompassed by jury verdict and Lockridge bars judicial fact-finding that increases mandatory range | OV19 properly scored (preponderance supports witness interference); Lockridge challenge fails because guidelines are advisory and sentence was imposed consistent with Lockridge |
Key Cases Cited
- People v. Lueth, 253 Mich. App. 670 (evidentiary sufficiency standard)
- People v. Reese, 491 Mich. 127 (standard for reviewing sufficiency of evidence)
- People v. Hardiman, 466 Mich. 417 (same)
- People v. Wolfe, 440 Mich. 508 (deference to jury credibility determinations)
- People v. Carines, 460 Mich. 750 (circumstantial evidence and inferences)
- People v. Nowack, 462 Mich. 392 (prosecution need not negate every reasonable theory of innocence)
- People v. Kanaan, 278 Mich. App. 594 (resolve conflicts in evidence for prosecution)
- People v. Avant, 235 Mich. App. 499 (elements of felony-firearm)
- People v. Strickland, 293 Mich. App. 393 (possession as question of fact; circumstantial evidence)
- People v. Smith, 488 Mich. 193 (OV 19 may consider post-offense conduct)
- People v. Hershey, 303 Mich. App. 330 (witness intimidation supports OV19)
- People v. Lockridge, 498 Mich. 358 (guidelines rendered advisory; judicial fact-finding permitted but guidelines must be consulted)
- People v. Biddles, 316 Mich. App. 148 (post-Lockridge explanation of judicial fact-finding and advisory guidelines)