PEOPLE OF MI V TERRENCE LEE TAYLOR

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STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, UNPUBLISHED April 22, 2003 Plaintiff-Appellee, v No. 238559 Ingham Circuit Court LC No. 01-076915-FC TERRENCE LEE TAYLOR, Defendant-Appellant. Before: Griffin, P.J., and Neff and Gage, JJ. MEMORANDUM. Defendant appeals as of right his jury convictions for first-degree felony-murder, MCL 750.316, and two counts of assault with intent to murder, MCL 750.83. We affirm. Defendant asserts that there was insufficient evidence to support his felony-murder conviction because the underlying felony of first-degree home invasion was allegedly completed before the murder occurred. People v Patterson, 212 Mich App 393, 395; 538 NW2d 29 (1995). A murder committed as part of a continuous transaction or otherwise immediately connected with the underlying felony is felony-murder. People v Gimotty, 216 Mich App 254, 258; 549 NW2d 39 (1996). Whether there is sufficient causal connection between the felony and the homicide depends on whether the defendant’s felony dictated the conduct that led to the homicide. People v Goddard, 135 Mich App 128, 136; 352 NW2d 367 (1984), rev’d on other grounds 429 Mich 505; 418 NW2d 881 (1998). The homicide must be incident to the felony and associated with it as one of its hazards. Id. In the present case, defendant committed the home invasion with the express intent to assault Sarah and Crystal Agueros. Defendant committed the assault outside the house because his victims fled. He murdered Edward Arreguin because he interfered with defendant’s commission of the assault. The murder was causally connected to the underlying felony, and there was sufficient evidence to support defendant’s conviction. People v Wolfe, 440 Mich 508, 515; 489 NW2d 748 (1992), amended 441 Mich 1201 (1992). Affirmed. /s/ Richard Allen Griffin /s/ Janet T. Neff /s/ Hilda R. Gage -1-

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