PEOPLE OF MI V JONTAE DAWON SINGLETON
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
February 14, 2008
Plaintiff-Appellee,
v
No. 275689
Wayne Circuit Court
LC No. 06-008367-01
JONTAE DAWON SINGLETON,
Defendant-Appellant.
Before: Talbot, P.J., and Cavanagh and Zahra, JJ.
PER CURIAM.
Following a bench trial, defendant was convicted of second-degree murder, MCL
750.317, and possession of a firearm during the commission of a felony, MCL 750.227b.
Defendant was sentenced to 17 to 30 years in prison for the second-degree murder conviction
and two years in prison for the felony-firearm conviction. Defendant appeals as of right. We
affirm.
Defendant argues that the prosecution has not proven its case beyond a reasonable doubt
because it did not show defendant possessed the requisite intent sufficient for a second-degree
murder conviction. We disagree.
This Court reviews challenges to the sufficiency of the evidence de novo. People v
Osantowski, 274 Mich App 593, 613-614; 736 NW2d 289 (2007). In reviewing the sufficiency
of the evidence in a criminal case, this Court must review the evidence in the light most
favorable to the prosecutor and determine whether a rational trier of fact could have found that
the essential elements of the crime were proved beyond a reasonable doubt. People v Harmon,
248 Mich App 522, 524; 640 NW2d 314 (2001).
In Michigan, the elements of second-degree murder are a death, caused by an act of the
defendant, with malice, and without justification or excuse. People v Smith, 478 Mich 64, 70;
731 NW2d 411 (2007). Malice is the intent to kill, the intent to cause great bodily harm, or the
intent to do an act in wanton and willful disregard of the likelihood that the natural tendency of
such behavior is to cause death or great bodily harm. People v Goecke, 457 Mich 442, 464; 579
NW2d 868 (1998). Here, defendant left his apartment, approached the woman, and repeatedly
pointed his gun at the woman’s face. When the woman slapped the gun away, defendant
continued to point the gun at the woman. Eventually, defendant fired the gun twice, killing the
woman. Even though defendant claims the first discharge of the gun was an accident as a result
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of the woman slapping his hand, defendant has no explanation for shooting the woman a second
time. Therefore, by repeatedly threatening and shooting her, defendant possessed the intent to do
great bodily harm or the intent to act in a wanton and willful disregard and the natural tendency
of his actions was to cause death or great bodily harm.
The provocation necessary to “mitigate a homicide from murder to manslaughter is that
which causes the defendant to act out of passion rather than reason.” People v Pouncey, 437
Mich 382, 389; 471 NW2d 346 (1991). Here, defendant and the woman were having sexual
intercourse when the woman defecated in defendant’s bed. After asking the woman to leave,
defendant followed her down to the street and shot her. This demonstrates defendant acted out
of reason rather than passion. Therefore, the prosecution presented sufficient evidence of the
essential elements of the crime beyond a reasonable doubt, and defendant’s conviction of
second-degree murder was proper.
Affirmed.
/s/ Michael J. Talbot
/s/ Mark J. Cavanagh
/s/ Brian K. Zahra
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