People of Michigan v. Michael Allen
328749
| Mich. Ct. App. | Nov 15, 2016Background
- Ingham County: defendant Michael Allen was stopped after speeding; he fled on foot and was chased by police in April 2014.
- Officers observed Allen make a throwing motion during the foot chase; they later recovered a loaded .25 caliber Ruger handgun in the grass where he had been seen toss something, and a nearby loaded magazine.
- Cocaine was found on Allen and in the vehicle he had been driving.
- A jury convicted Allen of unlawful possession of a controlled substance, felon-in-possession, carrying a concealed weapon (CCW), third-degree fleeing and eluding, assaulting/resisting/obstructing an officer, OWVI (lesser included), and felony-firearm; he was sentenced as a fourth habitual offender.
- On appeal, Allen challenged only the sufficiency of the evidence supporting his firearm-related convictions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence that defendant possessed the firearm | Prosecution: officers observed a throwing motion and recovered a loaded gun and matching ammunition where defendant discarded an object; this supports actual possession. | Allen: evidence was insufficient to prove he possessed the gun. | The Court affirmed: evidence was sufficient to permit a rational jury to find actual possession, supporting convictions for CCW, felon-in-possession, and felony-firearm. |
Key Cases Cited
- People v. Ericksen, 288 Mich. App. 192 (2010) (standard of review for sufficiency of the evidence)
- People v. McKinney, 258 Mich. App. 157 (2003) (circumstances for viewing evidence in the light most favorable to the prosecution)
- People v. Hardiman, 466 Mich. 417 (2002) (deference to the jury on inferences and weight of evidence)
- People v. Hill, 433 Mich. 464 (1989) (actual and constructive possession may be proven by direct or circumstantial evidence)
- People v. Terry, 124 Mich. App. 656 (1983) (constructive possession requires knowledge of location and reasonable accessibility)
- People v. Butler, 413 Mich. 377 (1982) (carrying denotes intentional control or dominion over a weapon)
- People v. Reynolds, 38 Mich. App. 159 (1972) (sufficient to infer possession when defendant was seen to throw something and a gun was found where thrown)