People of Michigan v. Kenneth Jackson
330429
| Mich. Ct. App. | Jun 22, 2017Background
- Kenneth Jackson was convicted by jury of carrying a concealed weapon, felon in possession of a firearm, and felony-firearm (third offense).
- Police entered a public commercial business; Deputy Smith observed a left-sided "weighted" jacket and, after asking, Jackson admitted he had a gun; Smith conducted a patdown and found a loaded handgun and no CPL.
- Jackson moved to suppress the gun as the fruit of an unlawful warrantless patdown; the trial court denied the motion based on officer credibility and reasonable suspicion that Jackson was armed.
- Jackson had previously been convicted of felony-firearm offenses; the prosecutor amended the information to allege felony-firearm, third offense; Jackson moved to quash, arguing prejudice from the amendment.
- Jackson had earlier attempted a plea under a Cobbs inquiry, later withdrew the plea; he claimed counsel misadvised him about risks of a higher sentence after withdrawal and challenged the court’s Cobbs comments.
- The Court of Appeals affirmed Jackson’s convictions, rejecting suppression, quash, Cobbs error as nonprejudicial, and ineffective assistance claims.
Issues
| Issue | Plaintiff's Argument (People) | Defendant's Argument (Jackson) | Held |
|---|---|---|---|
| Whether the warrantless patdown violated Fourth Amendment | Officer had reasonable suspicion and saw indicia of a weapon; patdown was limited to weapons | Patdown was unlawful; defendant/version of events more credible | Denied suppression; patdown lawful based on officer testimony and credibility findings |
| Whether trial court’s Cobbs handling coerced plea or required reversal | Court properly offered withdrawal when it could not follow Cobbs; no coercion | Court erred by stating it would follow probation recommendation, coercing withdrawal | Plain error in wording but no prejudice; defendant withdrew plea so no reversible error |
| Whether amending information to allege third-offender felony-firearm required quash or special charging procedures | Amendment and notice were permissible; enhancement affects sentence only and need not be separately charged | Amendment to third-offense deprived him of due process/required separate charging or signed information | Denied motion to quash; felony-firearm enhancement is sentencing, not an element; amendment and lack of signature not prejudicial |
| Whether counsel was ineffective regarding advice about sentencing risk after plea withdrawal | Counsel’s performance did not prejudice defendant because any initial sentence would be correctable if prior convictions accurate | Counsel misadvised; defendant prejudiced when felony-firearm term doubled after amendment | Ineffective assistance claim fails; no prejudice because sentence could be corrected based on accurate priors (Miles) |
Key Cases Cited
- People v Snider, 239 Mich. App. 393 (discussing suppression standard and review)
- People v Custer, 465 Mich. 319 (patdown for weapons requires reasonable suspicion officer is armed)
- Terry v. Ohio, 392 U.S. 1 (establishing investigatory stops and limited frisk for weapons)
- People v Champion, 452 Mich. 92 (reasonable suspicion standard for investigatory stops)
- Peterson Novelties, Inc. v. City of Berkley, 259 Mich. App. 1 (no reasonable expectation of privacy in commercial place open to public)
- People v Cobbs, 443 Mich. 276 (judge may give preliminary sentencing evaluation and defendant may withdraw plea if judge won’t follow it)
- People v Williams, 464 Mich. 174 (limitations on judge specifying actual sentence when declining to follow Cobbs)
- People v Miles, 454 Mich. 90 (felony-firearm enhancement concerns sentence duration only; sentence may be corrected when prior convictions are later discovered)