People v. Bush
315 Mich. App. 237
| Mich. Ct. App. | 2016Background
- On Nov 17, 2014, Melissa Partain testified that defendant Troy Bush kicked open her bedroom door, moved a dresser, entered the room without permission, and assaulted her; she had barricaded herself after receiving threatening texts.
- Jason Switzer (Partain’s adult son) testified he invited Bush on Nov 16 to fix a bathtub and that Bush entered the home with Switzer’s permission; Switzer left the house before the alleged assault.
- Bush claimed the house was his primary residence until his arrest, that he stayed there and kept belongings there, and denied forcibly entering the bedroom.
- Prosecutor requested a special jury instruction that treating a lawful entry into a dwelling as a "breaking" if the defendant used force to enter an inner room to which he had no permission.
- Trial court granted the special instruction; Bush appealed. The Michigan Court of Appeals (after Supreme Court remand) reversed, holding that interior-room entry while lawfully inside is not covered by MCL 750.110a(2).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether MCL 750.110a(2) covers forcible entry into an interior room of a dwelling when the defendant was lawfully inside the dwelling | Home-invasion statute should treat force used to enter an inner portion as a "breaking," permitting conviction even if defendant lawfully entered the dwelling | "Dwelling" means the whole structure; once lawfully inside, defendant cannot "break" into another interior part to commit home invasion under the statute | Reversed trial court: statute’s plain language treats "dwelling" as the whole structure; unauthorized entry into an interior room while lawfully inside does not constitute the proscribed "breaking" under MCL 750.110a(2) |
Key Cases Cited
- People v Clark, 88 Mich. App. 88 (Mich. Ct. App.) (interior breaking may constitute burglary under prior statute)
- People v Toole, 227 Mich. App. 656 (Mich. Ct. App.) (relying on Clark to uphold conviction for entry into interior room)
- People v Loper, 299 Mich. App. 451 (Mich. Ct. App.) (statutory interpretation is reviewed de novo)
- People v Dobek, 274 Mich. App. 58 (Mich. Ct. App.) (defendant entitled to properly instructed jury)
- People v Wilder, 485 Mich. 35 (Mich.) (elements of first-degree home invasion explained)
- People v Giovannini, 271 Mich. App. 409 (Mich. Ct. App.) (apply statutory definition when term is defined)
- People v Brownfield (After Remand), 216 Mich. App. 429 (Mich. Ct. App.) (no breaking if defendant had right to enter)
- People v Armstrong, 212 Mich. App. 121 (Mich. Ct. App.) (use dictionary to ascertain plain meaning when statute lacks definition)