PEOPLE OF MI V DEANDRE SIEBERT
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
October 1, 1999
Plaintiff-Appellee,
v
No. 206334
Recorder’s Court
LC No. 97-001994
DEANDRE SIEBERT,
Defendant-Appellant.
Before: Collins, P.J., and Sawyer and Cavanagh, JJ.
PER CURIAM.
Defendant was convicted by a jury of armed robbery, MCL 750.529; MSA 28.797. The trial
court sentenced defendant to life imprisonment. Defendant appeals as of right, and we affirm.
I
Defendant first claims that the evidence was insufficient to support his conviction. When
ascertaining whether sufficient evidence was presented at trial to support a conviction, a Court must
view the evidence in a light most favorable to the prosecution and determine whether a rational trier of
fact could find that the essential elements of the crime were proven beyond a reasonable doubt.
Circumstantial evidence and reasonable inferences arising therefrom may be sufficient to prove the
elements of a crime. People v Carines, 460 Mich 750, 757; 597 NW2d 130 (1999).
The elements of armed robbery are (1) an assault and (2) a felonious taking of property from
the victim’s person or presence while (3) armed with a weapon. People v Smielewski, 235 Mich App
196, 207; 596 NW2d 636 (1999). Moreover, one who procures, counsels, aids, or abets in the
commission of an offense may be convicted and punished as if he committed the offense directly. MCL
767.39; MSA 28.979; Smielewski, supra at 202-203. To be liable as an aider and abettor, the
prosecutor must show the following: (1) the charged crime was committed by the defendant or some
other person; (2) the defendant performed acts or gave encouragement that aided and assisted the
commission of the crime; and (3) the defendant intended the commission of the crime or had knowledge
that the principal intended its commission at the time he gave aid and encouragement. Id. at 207. An
aider and abettor’s state of mind may be inferred from all the facts and circumstances. Factors that may
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be considered include a close association between the defendant and the principal, the defendant’s
participation in the planning or execution of the crime, and evidence of flight after the crime. People v
Turner, 213 Mich App 558, 568-569; 540 NW2d 728 (1995).
Defendant contends that, at most, the evidence establishes only his presence at the store during
the robbery. A defendant’s mere presence at a crime, even with knowledge that the offense is about to
be committed, is not enough to make him an aider and abettor. People v Youngblood, 165 Mich App
381, 386; 418 NW2d 472 (1988). However, we cannot agree with defendant that the evidence
demonstrates only that he was present while the crime occurred.
Witnesses identified defendant as one of the men running out of the store after the robbery was
committed. The car in which the robbers made their escape belongs to defendant. Defendant first told
police that he was not present at all during the robbery, but had lent his car to Joseph Smith and Corey
Nelson. He later admitted that he was with Smith and Nelson at the time in question, but claimed that
he did not know that the other two men intended to commit a robbery. However, when they were
arrested several days later, defendant and Nelson were together in defendant’s car. The jury could
have reasonably concluded that, if defendant’s version of events were true, he would not subsequently
have associated with Nelson. Furthermore, in one of his statements defendant disclosed that he was
aware that Smith usually carried a gun. We believe that the foregoing evidence, viewed in a light most
favorable to the prosecution, was sufficient to enable a rational trier of fact to find beyond a reasonable
doubt that defendant knowingly assisted in the commission of the charged robbery. See Carines,
supra.
Defendant additionally asserts that the prosecution failed to establish that any money was taken.
We disagree. Testimony indicated that the store’s money was normally kept in a safe located behind
the counter where the victim, who had been shot, was found. The door to the safe was open, and the
safe was empty. The victim’s son testified that on a Sunday afternoon the safe normally would have
contained between fifteen hundred and two thousand dollars. The cash register drawer was open as
well and contained only some change and a few one dollar bills. This evidence, viewed in the light most
favorable to the prosecution, was sufficient to enable a rational trier of fact to find beyond a reasonable
doubt that money was taken from the victim. See id.
II
Defendant also argues that the trial court abused its discretion in imposing a life sentence. A
given sentence can be said to constitute an abuse of discretion if that sentence violates the principle of
proportionality, which requires sentences imposed by the trial court to be proportionate to the
seriousness of the circumstances surrounding the offense and the offender. People v Milbourn, 435
Mich 630, 636; 461 NW2d 1 (1990).
Defendant notes that the sentencing guidelines recommended a minimum sentence of five to
fifteen years. However, the crucial test for proportionality is not whether the sentence departs from, or
adheres to, the recommended range under the sentencing guidelines, but whether it reflects the
seriousness of the matter. A court may justify an upward departure by reference to factors considered,
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but adjudged inadequately weighed, within the guidelines, as well as by introducing legitimate factors not
considered by the guidelines. People v Castillo, 230 Mich App 442, 447-448; 584 NW2d 606
(1998).
The trial court explained that it was departing from the guidelines because (1) defendant either
shot the victim himself or knew that an accomplice would use the gun; (2) the victim was shot in the
back after he had surrendered his property; and (3) the victim, formerly a healthy fifty-four-year-old
man, is now a quadriplegic who has had a leg amputated. The court’s reasons all concern the nature
and severity of the crime, both of which are valid sentencing considerations. Id. Considering the
seriousness of this offense and defendant’s prior record, we conclude that the life sentence is
proportionate to the seriousness of the circumstances surrounding the offense and the offender. See
Milbourn, supra.
Affirmed.
/s/ Jeffrey G. Collins
/s/ David H. Sawyer
/s/ Mark J. Cavanagh
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