People of Michigan v. Maurice Williams
328717
| Mich. Ct. App. | Dec 20, 2016Background
- Maurice Williams was convicted by a jury of armed robbery for an Eastern Market mugging and initially sentenced to life as a fourth habitual offender; this Court previously remanded for resentencing and recharacterized him as a second habitual offender.
- On remand the trial court imposed a within-guidelines sentence but relied on judicially found facts to score offense variables (OVs), notably OV 2 (possession/use of a weapon) and OV 19 (interference with administration of justice).
- The jury had acquitted Williams of felon-in-possession and felony-firearm charges and the armed-robbery statute permits conviction based on feigned possession of a weapon; thus the actual-weapon finding used at resentencing was judge-found rather than jury-adjudicated.
- Police testimony at sentencing indicated officers entered a residence with consent, Williams initially gave a false name, and he was arrested after LEIN checks revealed warrants; Williams did not file a suppression motion at trial.
- Under People v Lockridge the guidelines are advisory because judicial fact-finding that increases the mandatory floor violates the Sixth Amendment; when judge-found facts altered the guidelines range, remand for Crosby proceedings is required.
- The judgment of sentence erroneously continued to identify Williams as a fourth habitual offender despite the resentencing as a second habitual offender.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether judicial fact-finding used to score OVs that increased the guidelines floor requires remand under Lockridge | The People relied on the trial court's OV scoring as supported by the record and prior resentencing | Williams argued OVs 2 and 19 were based on judge-found facts (not jury-admitted) and thus Lockridge requires resentencing procedures | Court held that judicially found facts increased Williams’s OV level and remand is required for Lockridge/Crosby proceedings |
| Whether OV 19 may be precluded on remand because Williams lawfully refused to cooperate (Moreno theory) | Prosecution: officer testimony (consent to enter, false name, warrants) supports a 10-point OV 19 score | Williams: refusal to identify was legally justified by alleged unlawful police conduct, so it should not count as interference | Court held OV 19 cannot be categorically precluded; the record supports scoring OV 19 and the court may consider it on remand |
| Whether OV 2 can stand where jury acquitted firearm charges but convicted armed robbery (feigned weapon possible) | People: evidence allowed the court to find weapon possession or feigned possession to justify OV 2 scoring | Williams: actual-weapon finding was judge-found (jury acquitted related charges) so OV 2 was based on judicial fact-finding and cannot be used to raise the mandatory floor | Court held OV 2 scoring was based on judicially found facts and contributed to an increased OV level, so remand is required under Lockridge |
| Whether the judgment of sentence must be corrected to reflect habitual-offender status | People implicitly agree that judgment should match resentencing | Williams sought ministerial correction to show second rather than fourth habitual offender | Court ordered ministerial correction of the judgment of sentence to reflect second habitual offender status |
Key Cases Cited
- People v Lockridge, 498 Mich 358; 870 NW2d 502 (holding guidelines advisory where judicial fact-finding increased mandatory minimum; requiring Crosby procedures if judge-found facts altered range)
- People v Moreno, 491 Mich 38; 814 NW2d 624 (discussing when a defendant's refusal to cooperate may be legally justified and not punishable at sentencing)
- People v Barbee, 470 Mich 283; 681 NW2d 348 (support for scoring OV 19 when defendant gives false name/otherwise interferes with investigation)
- United States v Crosby, 397 F.3d 103 (2d Cir. 2005) (procedural framework for remand when Guidelines-based sentence would be affected by advisory status)