People v. Gibbs
299 Mich. App. 473
| Mich. Ct. App. | 2013Background
- Gibbs and Henderson were tried together before separate juries for a set of armed and related offenses arising from a 2010 Flint robbery at Wholesale 4 U.
- Gibbs was convicted of two counts of armed robbery, one unarmed robbery, and one conspiracy; Henderson was convicted of three armed robberies, conspiracy, assault with intent to rob while armed, carrying a concealed weapon, and felony-firearm.
- Gibbs claimed duress and involuntary involvement; Henderson admitted participation but challenging some convictions; both challenged various sentencing calculations on remand.
- On remand, Gibbs challenged PRV 5/PRV 6 scoring and safety of a public-trial closure during voir dire; trial court conducted limited proceedings.
- This Court vacated Henderson’s assault-with-intent-to-rob-while-armed conviction, affirmed the rest, and addressed both defendants’ challenges on appeal.
- The court held Gibbs’s PRV 5 error harmless and sustained other sentencing scores, while Henderson’s double jeopardy claim required vacating the lesser offense.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Public-voir-dire closure violates right to public trial | Gibbs argues closure violated Sixth Amendment right to public trial. | Gibbs contends closure harmed fairness and required reversal. | Not reversible; no plain error affecting substantial rights given vigorous voir dire and presence of venire. |
| Prearrest silence used to impeach Gibbs | Prosecutor improperly commented on Gibbs’s silence prior to custodial interrogation. | Salient prearrest silence should not be used to impeach Gibbs's testimony. | No plain error; comments were proper under McGhee and Dye distinctions. |
| PRV 5 scoring error for Gibbs | Gibbs should have had 0 points for PRV 5 juvenile adjudication. | Disputed but could be treated as juvenile adjudication under prior case law. | Trial court erred; 2 points misapplied, but overall impact on PRV level did not mandate resentencing. |
| PRV 6 and OV 13 scoring for Gibbs | Points for relationship to criminal justice system (PRV 6) and continuing pattern (OV 13) were improper or excessive. | PRV 6 properly scored; OV 13 valid due to multiple offenses in pattern. | PRV 6 proper; OV 13 properly scored at 25 points. |
| Henderson double jeopardy—assault with intent to rob while armed | Assault with intent to rob while armed is a separate offense from armed robbery. | The two are the same offense; lesser offense should be vacated. | Assault with intent to rob while armed vacated; remaining convictions affirmed. |
Key Cases Cited
- People v Vaughn, 491 Mich 642 (2012) (plain-error standard for forfeited public-trial claims)
- People v Russell, 297 Mich App 707 (2012) (partial courtroom closure not structural error)
- People v Akins, 259 Mich App 545 (2003) (lesser included offenses and elements test)
- People v Chambers, 277 Mich App 1 (2007) (elements of armed robbery and related offenses)
- People v Smith, 478 Mich 292 (2007) (Blockburger same-elements test for double jeopardy)
- People v Meshell, 265 Mich App 616 (2005) (remedy for multiple punishments under double jeopardy)
- People v Endres, 269 Mich App 414 (2006) (standard for scoring decisions; de novo review of interpretation)
- People v And erson, 298 Mich App 178 (2012) (relation to the criminal justice system for PRV 6)
- People v Ericksen, 288 Mich App 192 (2010) (depression can support OV4 scoring)