People of Michigan v. Tarone Devon Washington
330345
| Mich. Ct. App. | Jul 6, 2017Background
- Defendant Tarone Devon Washington was convicted of felony-firearm after the jury found he had committed an underlying felony of keeping or maintaining a drug house.
- Felony-firearm is a Penal Code offense (MCL 750.227b); keeping/maintaining a drug house is an offense in the Public Health Code (MCL 333.7405) and is labeled in that code as a misdemeanor (MCL 333.7406).
- The legal dispute centers on whether the Public Health Code misdemeanor label prevents the drug-house offense from qualifying as the underlying "felony" for felony-firearm under the Penal Code.
- The Court of Appeals majority vacated the felony-firearm conviction based on treating the underlying offense as a misdemeanor for Penal Code purposes.
- Judge Swartzle concurred in part and dissented as to vacatur, arguing the Penal Code definitions control when the primary offense (felony-firearm) is in the Penal Code and the underlying offense is in a different code; under Penal Code definitions the drug-house offense can be a felony because it is punishable by up to two years with possible state-prison exposure.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether an offense labeled a two-year misdemeanor in the Public Health Code can serve as the underlying "felony" for the Penal Code felony-firearm statute | The prosecution argued the Penal Code definitions govern felony-firearm and, because the drug-house offense is punishable by imprisonment that may be served in state prison, it qualifies as a felony under the Penal Code | Washington argued the Public Health Code specifically labels the offense a misdemeanor, so it cannot be a predicate felony for felony-firearm | The court majority vacated the felony-firearm conviction treating the Public Health Code label as controlling; Judge Swartzle dissented on that point, concluding Penal Code definitions control and would make the underlying offense a felony (would affirm) |
Key Cases Cited
- People v Smith, 423 Mich 427 (Mich. 1985) (definitions and labels apply within each code; where primary and underlying offenses are in different codes, the primary offense code’s definitions govern)
- People v Baker, 207 Mich App 224 (Mich. Ct. App. 1994) (when both underlying and primary offenses are in the Penal Code, Penal Code labels and specific provisions control)
- People v Williams, 243 Mich App 333 (Mich. Ct. App. 2000) (followed Baker: resisting arrest labeled a misdemeanor in the Penal Code cannot serve as a felony predicate for a Penal Code offense)