People v. Dillard
303 Mich. App. 372
| Mich. Ct. App. | 2013Background
- Defendant was convicted of assault with intent to do great bodily harm less than murder, resisting and obstructing a police officer, and falsely reporting a felony.
- He was sentenced as a third-offense habitual offender to concurrent terms of 114 months to 20 years, 32 months to 4 years, and 36 months to 8 years, respectively.
- The victim was Defendant's girlfriend; they had been at a strip club, drank, and used drugs, then drove to Defendant's apartment.
- An argument over the victim's phone led to physical confrontations: he allegedly held her down by the neck, grabbed hair, covered her mouth, and punched her nose, with multiple subsequent attempts to restrain her.
- A neighbor called 911; police observed the victim with injuries; Defendant initially claimed they were mugged, but the victim later testified to the domestic assault.
- Defendant challenged the sufficiency of evidence for the assault with intent to do great bodily harm, as well as the scoring of two offense variables (OVs).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for intent to do GBH less than murder | People contends evidence supports specific intent to cause GBH. | Krause argues evidence only shows aggravated assault, not intent to GBH less than murder. | Sufficient evidence supported specific intent to inflict GBH. |
| OV 8 asportation finding | People contends movement to a more dangerous place supported asportation. | Krause argues movement was incidental or not to a place of greater danger. | No clear error; OV 8 supported. |
| OV 10 exploitation finding | People contends exploitation occurred due to vulnerability and domestic relationship. | Krause argues lack of exploitation evidence beyond basic vulnerability. | OV 10 supported; victim was vulnerable and exploited. |
Key Cases Cited
- People v. Kanaan, 278 Mich App 594 (2008) (sufficiency of circumstantial evidence and inferences)
- People v. Wolfe, 440 Mich 508 (1992) (standard for determining evidentiary sufficiency)
- People v. Lugo, 542 NW2d 921 (1995) (circumstantial evidence admissible to prove elements)
- People v. James, 705 NW2d 724 (2005) (intent may be inferred from use of force)
- People v. Pena, 569 NW2d 871 (1997) (inference of intent from violent acts)
- People v. Parcha, 575 NW2d 316 (1997) (definition of assault and intent elements)
- People v. Smith, 187 NW 304 (1922) (classic definition of assault)
- People v. Resh, 65 NW 99 (1895) (injury as probative of intent)
- People v. Miller, 52 NW 65 (1892) (injury and natural consequences bear on intent)
- People v. Cannon, 749 NW2d 257 (2008) (exploit and vulnerability considerations for OV scoring)
- People v. Spanke, 658 NW2d 504 (2003) (asportation requires movement beyond the incidental)