PEOPLE OF MI V LEONARD ONEIL TURNER

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STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, UNPUBLISHED March 26, 1999 Plaintiff-Appellee, v No. 203767 Recorder’s Court LC No. 96-001973 LEONARD ONEIL TURNER, a/k/a EUGENE TURNER, a/k/a LARRY HANSEND, Defendant-Appellant. Before: Neff, P.J., and Kelly and Hood, JJ. KELLY, J. (concurring). I concur in the result because of the ruling in People v Graves, 458 Mich 476; 581 NW2d 229 (1998). However, I believe an analysis would be required addressing at least the highly probable preference discussed in Graves, supra at 482-483. In my view, this record does not support the People’s contention that the time lapse between the overheard threat, alluded to by witness Joanne Jackson, and the killing was sufficient to satisfy the premeditation element necessary to make out a prima facie case by imputing to defendant the opportunity to take a second look before committing the killing. In my view the first degree murder charge should not have been presented to the jury. I do believe, however, that it is highly probable that the erroneous submission of the charge to the jury did not effect its verdict. I, therefore, concur in the result. /s/ Michael J. Kelly -1

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