916 N.W.2d 477
Mich.2018Background
- Defendant Tarone D. Washington was convicted of keeping/maintaining a drug house (MCL 333.7405(1)(d)), felony‑firearm (MCL 750.227b), possession of marijuana, and receiving/concealing a stolen firearm. The drug‑house conviction was the predicate for felony‑firearm.
- The Court of Appeals vacated the felony‑firearm conviction, reasoning that the underlying drug‑house offense—expressly labeled a misdemeanor in the Public Health Code but punishable up to two years—could not count as a "felony" under the Penal Code.
- The Court of Appeals relied on People v Smith and its own precedents (Williams, Baker) to treat statutory labels in the primary code as controlling.
- The prosecutor sought review; the Michigan Supreme Court granted review and considered whether a Public Health Code misdemeanor punishable up to two years may qualify as a "felony" for Penal Code felony‑firearm purposes.
- The Supreme Court held that the Penal Code definition of "felony" controls: an offense punishable by imprisonment in a state prison qualifies as a felony for purposes of the Penal Code, regardless of a misdemeanor label in another code.
- The Supreme Court reversed the Court of Appeals insofar as it vacated the felony‑firearm conviction, reinstated that conviction, and remanded for resolution of remaining issues.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether carrying/possessing a firearm while committing the Public Health Code offense of keeping/maintaining a drug house can support felony‑firearm (MCL 750.227b). | The state argued the Penal Code definition of "felony" (an offense punishable by imprisonment in state prison) applies; because the drug‑house offense is punishable up to 2 years, it may be imprisoned in state prison and thus qualifies as a felony for felony‑firearm. | Washington argued the drug‑house offense is expressly labeled a misdemeanor in the Public Health Code and thus cannot serve as a predicate felony under the Penal Code; Smith/Williams/Baker support treating the misdemeanor label as controlling. | Held for the State: The Penal Code definition controls; because the drug‑house offense is punishable by imprisonment in state prison (over 1 year), it meets the Penal Code definition of "felony" and can serve as the predicate for felony‑firearm. |
Key Cases Cited
- People v. Smith, 423 Mich 427 (Court may apply definitions from one code without importing labels from another; two‑year misdemeanors in Penal Code can be treated as felonies for Code of Criminal Procedure purposes)
- People v. Williams, 243 Mich App 333 (Court of Appeals decision treating a Penal Code offense expressly labeled a misdemeanor as not qualifying as a predicate felony for another Penal Code offense)
- People v. Baker, 207 Mich App 224 (Court of Appeals decision holding a Penal Code misdemeanor did not satisfy the felony element for felony‑firearm jury instruction)