People of Michigan v. Roger Dale Felton
330447
| Mich. Ct. App. | Apr 20, 2017Background
- Defendant Roger Dale Felton was charged after police chased him into a house, observed the silhouette and butt of a rifle under his clothing, heard a magazine/clip drop, and later found an AK-47 with matching ammunition in the basement near where he was hiding.
- Defendant stipulated to a prior felony conviction and thus ineligibility to possess a firearm; the contested factual issue was possession of the firearm (actual or constructive).
- At a bench trial the judge credited testimony from Officers Collrin and Hurd despite minor inconsistencies and convicted Felton of felon-in-possession (MCL 750.224f) and felony-firearm, second offense (MCL 750.227b).
- Felon-in-possession and felony-firearm convictions carried prison terms; Felton was sentenced as a fourth habitual offender.
- Posttrial, Felton argued insufficiency of the evidence, that the verdict was against the great weight of the evidence, ineffective assistance for not moving for directed verdict, and that the court abused its discretion by denying appointment of a fingerprint/DNA expert.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency — felon-in-possession | Prosecution: circumstantial evidence (officers saw gun outline/butt, observed magazine drop, recovered rifle and matching ammo nearby) proves actual possession. | Felton: officer testimony inconsistent and lack of physical evidence tying him to the gun. | Court: Evidence sufficient; reasonable fact-finder could find actual possession beyond a reasonable doubt. |
| Sufficiency — felony-firearm | Prosecution: possession of firearm occurred during commission of felony (possession itself is felony predicate). | Felton: possession element not proven; thus felony-firearm fails. | Court: Sufficient; felony predicate satisfied because felon-in-possession is a felony. |
| Great-weight of evidence | N/A (prosecution defends verdict). | Felton: verdict against great weight due to testimony inconsistencies and insufficient proof. | Court: Verdict not against great weight; minor inconsistencies do not make testimony inherently implausible. |
| Appointment of expert | N/A (state opposed denial). | Felton: needed fingerprint/DNA expert to show he did not possess the weapon. | Court: Denial not an abuse of discretion; no demonstrated nexus showing expert likely to help (could hurt defense); mere possibility insufficient. |
Key Cases Cited
- People v Burgenmeyer, 461 Mich 431 (actual or constructive possession may be proven by circumstantial evidence)
- People v Johnson, 293 Mich App 79 (constructive possession when weapon location is known and reasonably accessible)
- People v Bosca, 310 Mich App 1 (felony-firearm requires possession of a firearm during commission/attempt of a felony)
- People v Lemmon, 456 Mich 625 (standards for great-weight review and when credibility challenges warrant relief)
- People v Tanner, 469 Mich 437 (indigent defendant must show nexus between case facts and need for appointed expert)