People of Michigan v. Ryan Keith Lewis, 328044

Defendant Ryan Keith Lewis was convicted after a bench trial of first-degree home invasion, unlawfully driving away an automobile, and larceny in a building for entering Odessa Wash’s home (August 22–24, 2014) and taking items including a 1998 Dodge Durango.
Victim’s granddaughter Neferteria Gray made multiple 9‑1‑1 calls identifying defendant, reporting thefts, and stating defendant had taken the Durango; 9‑1‑1 recordings corroborated her reports.
Defendant claimed he had permission to be in the house because he and Gray were “husband and wife under Islam” and testified to that effect; two additional witnesses offered weak corroboration.
Defendant was sentenced as a fourth habitual offender: 10–25 years for first‑degree home invasion, and concurrent 2–10 year terms for the other counts.
On appeal defendant raised (1) ineffective assistance for counsel’s alleged failure to interview/call Leslie Bronner to support the relationship/permission defense, and (2) a preserved Lockridge challenge to OV 16 (property value) as judicial fact‑finding that inflated his guidelines floor.
The Court affirmed convictions but remanded for a Crosby hearing on the OV16/Lockridge error because the trial judge, as factfinder, assessed OV 16 (5 points) based on property value not admitted by defendant or expressly found in a jury verdict.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Ineffective assistance for failure to interview/call Leslie Bronner	Counsel provided effective representation; defendant’s defenses were presented and counsel’s choices are presumed sound	Failure to call Bronner denied a substantial defense that would have corroborated permission to enter	Denied — even assuming deficiency, defendant failed to show prejudice; defendant and two witnesses already presented relationship/permission theory and judge found Gray credible based on 9‑1‑1 tapes
Lockridge challenge to OV 16 (judicial fact‑finding re: property value)	OV 16 was properly scored by the trial court	OV 16 was scored with facts not admitted or found by a jury, raising mandatory‑guidelines Sixth Amendment issue	Remand for Crosby hearing — court found OV 16 was based on facts beyond those admitted/found and reducing OV16 would alter minimum guidelines range, so harmless‑error analysis/Crosby hearing required

People v Trakhtenberg, 493 Mich 38 (2012) (standards of review for ineffective assistance claims)
People v Chapo, 283 Mich App 360 (2009) (counsel’s duty to investigate and present substantial defenses)
People v Unger, 278 Mich App 210 (2008) (trial strategy and credibility determinations are for the factfinder)
People v Vaughn, 491 Mich 642 (2012) (standard for demonstrating prejudice on ineffective assistance claims on appeal)
People v Ginther, 390 Mich 436 (1973) (procedure for evidentiary hearings on claims of ineffective assistance)
People v Lockridge, 498 Mich 358 (2015) (mandatory guidelines violated Sixth Amendment; guidelines now advisory)
People v Stokes, 312 Mich App 181 (2015) (preserved Lockridge claims require harmless‑error review and remand for Crosby hearing)
People v Terrell, 312 Mich App 450 (2015) (harmless‑error standard for preserved Lockridge claims)
United States v Crosby, 397 F.3d 103 (2d Cir. 2005) (procedures for remedying guideline errors; Crosby hearing)