People v. Johnson
293 Mich. App. 79
Mich. Ct. App.2011Background
- Detroit house raid pursuant to search warrant at 9577 Winthrop; Johnson seated on couch with suspected marijuana on table.
- Police seized 5 vials and 55.9 g of marijuana from the table; $256 confiscated by Ball near the marijuana.
- Rifles (Mossberg .22 bolt-action and Marlin .35 lever-action) recovered from the front room near Johnson; officers could not confirm Johnson’s possession.
- Johnson admitted in a statement to possessing one ounce of marijuana and selling marijuana from the house; he declined to answer about the weapon.
- Jury convicted Johnson of possession with intent to deliver marijuana and felony-firearm; trial court sentenced five months to four years plus a consecutive two-year term.
- On appeal, Johnson challenges sufficiency of the evidence, PRV 6 scoring, and ineffective assistance of counsel; Court affirms.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for felony-firearm | Johnson argues no actual/constructive possession of firearms proven. | Johnson contends weapons not in plain sight or his, thus no possession. | Sufficient evidence of constructive possession. |
| PRV 6 scoring validity | Johnson was not on bond when the offense occurred; five-point PRV 6 error. | Johnson had a relationship to the criminal justice system; five points proper. | Five points properly assessed; not plain error. |
| Ineffective assistance of counsel | Counsel failed to object to PRV 6 scoring, prejudicing outcome. | Counsel's strategy could justify not objecting; outcome not different necessarily. | No ineffective assistance; strategy was reasonable. |
Key Cases Cited
- People v Endres, 269 Mich App 414 (2006) (five-point PRV 6 despite non-precise fit; related to interpretation of guidelines)
- People v Lyons (After Remand), 222 Mich App 319 (1997) (bond status and PRV 6 relationship analysis)
- People v Osantowski, 481 Mich 103 (2008) (statutory interpretation guidance for sentencing guidelines)
- People v LeBlanc, 465 Mich 575 (2002) (PRV 6 content and interpretation considerations)
- Strickland v. Washington, 466 U.S. 668 (1984) (ineffective assistance framework)