PEOPLE OF MI V TANIKA LONYEA LYNCH
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
December 30, 1997
Plaintiff-Appellee,
v
No. 196658
Macomb Circuit Court
LC No. 95-002693 FC
TANIKA LONYEA LYNCH,
Defendant-Appellant.
Before: Griffin, P.J., and Markman and Whitbeck, JJ.
MEMORANDUM.
On this appeal of right from jury convictions of second-degree murder, MCL 750.317; MSA
28.549, and armed robbery, MCL 750.529; MSA 28.797, defendant contends that the trial court
erred in deciding to sentence her as an adult rather than a juvenile, following the hearing and findings
required by MCL 769.1(3); MSA 28.1072(3). She contends that the trial court’s findings of fact are
clearly erroneous.
Review of the decision to sentence a minor as a juvenile or an adult is bifurcated. We review
the trial court’s factual findings regarding each of the statutory factors under the clearly erroneous
standard. People v Lyons (On Remand), 203 Mich App 465; 513 NW2d 170 (1994). Factual
findings are clearly erroneous if, after review of the record, this Court is left with a definite and firm
conviction that a mistake has been made. Id. We review the ultimate decision whether to sentence the
minor as a juvenile or as an adult for an abuse of discretion. People v Launsburry, 217 Mich App
358, 362; 551 NW2d 460 (1996).
After hearing from a variety of witnesses, who presented widely divergent recommendations,
the trial court concluded that although defendant had no significant juvenile record of criminal activity,
the circumstances and seriousness of the offense, and her adjustment to confinement during pretrial
detention, suggested that she would, if sentenced as a juvenile, disrupt the rehabilitation of others. The
trial court also concluded that the time allowed the juvenile system for such rehabilitation, perhaps a
month more than three years, would be insufficient to achieve the desired goal. The trial court therefore
concluded that, given its discretion under both statutes to sentence defendant to life or any term of
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years, it could best fashion a sentence designed to achieve rehabilitation by sentencing defendant as an
adult.
Defendant recruited another juvenile female to carry a gun for her and otherwise assist in the
murder and robbery of the victim, an adult woman who had once befriended defendant. Defendant’s
boyfriend served as chauffeur. On being admitted to the victim’s apartment, defendant shot the victim in
the back of the head, then used a large knife she had brought with her to inflict multiple stab wounds in
the victim’s chest and abdomen, before rolling the victim over and stabbing her in the back and cutting
her throat. Defendant then pillaged the victim’s apartment of furs and jewelry.
On this record, the trial court’s conclusion that (1) sentencing defendant as a juvenile would be
inadequate to protect societal interests or to achieve rehabilitation and that (2) her institutional
adjustment was a further reason not to sentence her as a juvenile are not clearly erroneous. People v
Cheeks, 216 Mich App 470, 474-478; 549 NW2d 584 (1996). Given the options available, the trial
court did not abuse its discretion in concluding that an adult sentence would best serve the interests of
justice. Indeed, defendant makes no argument that the actual sentence imposed, within the guideline
range, is disproportionate to the offense or the offender. People v Perry, 218 Mich App 520, 544;
554 NW2d 362 (1996); People v Black, 203 Mich App 428, 430-431; 513 NW2d 152 (1994).
Affirmed.
/s/ Richard Allen Griffin
/s/ Stephen J. Markman
/s/ William C. Whitbeck
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