PEOPLE OF MI V STEVEN DARNELL BRIGGS
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
December 28, 2010
Plaintiff-Appellee,
v
Nos. 290675; 297576
Muskegon Circuit Court
LC No. 08-057107-FH
STEVEN DARNELL BRIGGS,
Defendant-Appellant.
Before: BECKERING, P.J., and TALBOT and OWENS, JJ.
PER CURIAM.
After a jury trial, defendant was convicted of third-degree fleeing and eluding, MCL
750.479a(3), and resisting and obstructing a police officer, MCL 750.81d(1). Defendant appeals
his convictions and resentencing as of right. We affirm.
I. SUMMARY OF FACTS AND PROCEDURAL HISTORY
According to Muskegon Heights Police Officer Daniel Churchill’s trial testimony, on
October 22, 2008, Officer Churchill was dispatched to a home on Reynolds Street in Muskegon
Heights, Michigan in response to a complaint that defendant might harm a woman at the address.
Having just read a report concerning defendant, Officer Churchill knew that defendant was
previously involved in an incident at the same address, and he intended to arrest defendant for
the prior incident. Upon arriving at the address, defendant’s brother assisted Officer Churchill in
locating defendant, who was driving away in a car. Officer Churchill followed defendant, and
when defendant turned without a turn signal, Officer Churchill immediately turned on his
overhead lights and followed defendant. Defendant quickly turned into an alley and accelerated.
Thinking that defendant was trying to get away, Officer Churchill started clicking his siren.
Defendant did not stop, so Officer Churchill continued to sound his siren. Defendant eventually
slowed down and stopped in the alley. Officer Churchill stopped about four car lengths behind
defendant. Approximately 15 to 25 seconds later, defendant quickly accelerated again. Officer
Churchill followed defendant, still with his lights and sirens activated. Defendant turned out of
the alley and then stopped his car. Officer Churchill’s pursuit of defendant went on for 1-1/2
blocks and lasted about two or three minutes. The speed limit on all the streets was 25 miles per
hour, and Officer Churchill was wearing a police uniform, driving in a marked patrol car.
Officer Churchill exited his car and approached defendant’s car with his gun drawn.
When he got next to the driver’s side window, Officer Churchill ordered defendant to get his
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hands up and get out of the car. Defendant did not comply. Officer Churchill saw defendant
smoking a crack pipe with his driver’s side window down a few inches. Officer Churchill
continued to order defendant out of the car. Officer Churchill then asked defendant to shut off
his car, and defendant complied. Officer Churchill asked defendant to give him his car keys, and
defendant handed them to Officer Churchill through the small window opening. Defendant
remained in the car. Officer Churchill attempted to open the door, but it was locked.
At this time, Sergeant Gary Cheatum arrived, noticed that Officer Churchill’s lights were
activated on his patrol car, and saw Officer Churchill ordering defendant to get out of his car.
Officer Churchill threatened defendant with pepper spray, but defendant still would not come
out. Officer Churchill got his pepper spray and threatened defendant again, but defendant
remained in the car, smoking his crack pipe. As a result, Officer Churchill sprayed the pepper
spray at defendant. Defendant turned, and the spray hit him in the back. Defendant got out of
his car and put his hands on the hood. Officer Churchill and Sergeant Cheatum secured
defendant, and Officer Churchill searched the car, wherein he found a 50 milliliter bottle of
Seagram’s gin, which had been fashioned into a crack pipe, under the passenger seat.
Defendant testified on his own behalf at trial. According to his testimony, after he
noticed Officer Churchill, he turned into the alley to see if Officer Churchill would follow him.
He claimed that he saw Officer Churchill turn into the alley behind him with his lights on, so he
decided to stop. Defendant testified that he had crack in his hand that had fallen in his lap, which
he placed back on the crack pipe, and he wanted to leave the alley because he “didn’t feel
comfortable in the alley.” As such, defendant took his foot off the brake, let his car “roll” down
the alley, and attempted to smoke his crack pipe while steering with his knees. Defendant
testified that after he turned out of the alley and came to a stop, he told Officer Churchill, “I’m
not going to resist in any way, but I’m on this shit and I’m on it bad.” According to defendant,
Officer Churchill told defendant to “finish it,” and when defendant attempted to do so, Officer
Churchill sprayed him with pepper spray. Defendant claims that the pepper spray got on his
pipe, so he got out of the car.
Defendant was convicted by a jury of third-degree fleeing and eluding as well as resisting
arrest. At his original sentencing on February 24, 2009, defendant was sentenced as an habitual
offender, fourth offense, MCL 769.12, to 58 months to 30 years’ imprisonment for his thirddegree fleeing and eluding conviction and to two years and six months to 15 years’
imprisonment for his resisting arrest conviction, to be served consecutively. Defendant sought
and received resentencing, which took place on March 16, 2010. Defendant was resentenced as
an habitual offender, fourth offense, MCL 769.12, to consecutive sentences of four years to 30
years’ imprisonment for his third-degree fleeing and eluding conviction and two years and six
months to 15 years’ imprisonment for his resisting arrest conviction.
II. SUFFICIENCY OF THE EVIDENCE
In challenging his convictions, defendant contends that the evidence was insufficient for
a rational trier of fact to find him guilty beyond a reasonable doubt. We examine the evidence in
the light most favorable to the prosecution and determine whether a rational juror could conclude
that the essential elements of the crime were proven beyond reasonable doubt. People v
Hawkins, 245 Mich App 439, 457; 628 NW2d 105 (2001). Evidentiary conflicts are resolved in
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favor of the prosecution. People v McRunels, 237 Mich App 168, 181; 603 NW2d 95 (1999).
Circumstantial evidence and reasonable inferences arising from such evidence can be
satisfactory proof of the elements of a crime. People v Carines, 460 Mich 750, 757; 597 NW2d
130 (1999).
To be guilty of third-degree fleeing and eluding, the prosecution must prove the
following elements beyond a reasonable doubt: (1) the officer was in uniform with an adequately
identified law enforcement vehicle performing his or her lawful duties; (2) defendant was driving
a motor vehicle; (3) the officer ordered defendant to stop by hand, voice, siren, or emergency
light; (4) defendant was aware of the order to stop; (5) defendant refused to obey by trying to flee
or elude, such as by increasing the speed of the vehicle or turning off the vehicle’s lights; and (6)
the incident occurred in an area where the speed limit was 35 miles per hour or less. MCL
750.479a(3); see also People v Grayer, 235 Mich App 737, 741; 599 NW2d 527 (1999).
In this case, both Officer Churchill and defendant testified that Officer Churchill was in
uniform, driving a marked patrol car, and that Officer Churchill ordered defendant to stop his car
by turning on his overhead lights. Officer Churchill testified that after he turned on his overhead
lights, defendant quickly turned and accelerated into an alley. Both Officer Churchill and
defendant testified that defendant initially stopped in the alley, but defendant then continued
driving down the alley despite Officer Churchill’s order to stop. This incident occurred in a
residential area where the speed limit was 25 miles per hour. Viewing this evidence in the light
most favorable to the prosecution, a rational trier of fact could find defendant guilty of thirddegree fleeing and eluding beyond a reasonable doubt.
As to resisting and obstructing a police officer, the prosecution must prove: (1)
defendant assaulted, battered, resisted, or obstructed a person; and (2) defendant knew or had
reason to know the person was performing his or her duties. MCL 750.81d(1). The definition of
“person” under MCL 750.81d includes a police officer, MCL 750.81d(7)(b)(i), and “obstruct”
means “a knowing failure to comply with a lawful command,” MCL 750.81d(7)(a).
In this case, defendant testified that Officer Churchill was in uniform and that he knew
Officer Churchill was a police officer. Moreover, both Officer Churchill and Sergeant Cheatum
testified that Officer Churchill repeatedly ordered defendant to get out of his car, but defendant
did not comply. Viewing this evidence in the light most favorable to the prosecution, there was
sufficient evidence to conclude beyond a reasonable doubt that defendant resisted and obstructed
Officer Churchill.
III. GREAT WEIGHT OF THE EVIDENCE
Defendant argues that the verdict was against the great weight of the evidence.
Specifically, defendant asserts that the lower court’s verdict was based on testimony from a
witness whose credibility should have been questioned. The issue is not preserved and our
review is limited to plain error. See People v Musser, 259 Mich App 215, 218; 673 NW2d 800
(2003).
This Court considers whether the evidence preponderates heavily against the verdict so
that it would be a miscarriage of justice to allow the verdict to stand. People v Lemmon, 456
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Mich 625, 642; 576 NW2d 129 (1998). Conflicting testimony and questions of witness
credibility are insufficient grounds for granting a new trial. Id. at 643, 647. Exceptions include
instances where “testimony contradicts indisputable physical facts or laws,” “testimony is
patently incredible or defies physical realities,” “where a witness’s testimony is material and is
so inherently implausible that it could not be believed by a reasonable juror,” and where a
witness’s testimony has been seriously impeached and the case is marked by “uncertainties and
discrepancies.” Id. at 643-644 (quotation marks and citations omitted). In this case, the
testimony of Officer Churchill and Sergeant Cheatum does not fall under any of these
exceptions. Moreover, we emphasize that questions concerning the credibility of witnesses are
generally not a sufficient ground for a new trial. Id. at 643. Thus, we find that the jury’s verdict
was not against the great weight of the evidence.
IV. EFFECTIVE ASSISTANCE OF COUNSEL
Defendant claims that his trial counsel was ineffective. However, defendant has failed to
state how his counsel was ineffective. Rather, he asks this Court to view “the entire record to see
what counsel should have done.” “An appellant may not merely announce his position and leave
it to this Court to discover and rationalize the basis of his claims, nor may he give only cursory
treatment with little or no citation of supporting authority.” People v Kelly, 231 Mich App 627,
640-641; 588 NW2d 480 (1998). Thus, the issue is abandoned.
V. VALIDITY OF SEARCH
Defendant argues that Officer Churchill’s search of his car was invalid. We review this
unpreserved claim for plain error affecting defendant’s substantial rights. See Carines, 460 Mich
at 763-764. The United States Constitution protects the “right of the people to be secure in their
persons, houses, papers, and effects, against unreasonable searches and seizures . . . .” US Const,
Am IV. A search or seizure conducted by police without a warrant is unreasonable per se, unless
one of several well-established exceptions applies. People v Brown, 279 Mich App 116, 131;
755 NW2d 664 (2008). Under the automobile exception, the police may search an automobile
without first obtaining a warrant if there is probable cause to support the search. People v
Kazmierczak, 461 Mich 411, 418-419; 605 NW2d 667 (2000). Probable cause exists when there
is a fair probability that contraband or evidence of a crime will be found in a particular place.
People v Mullen, 282 Mich App 14, 21-22; 762 NW2d 170 (2008). Moreover, under the plain
view doctrine, police officers need not obtain a warrant to seize “items in plain view if the
officers are lawfully in a position from which they view the item, and if the item’s incriminating
character is immediately apparent.” People v Champion, 452 Mich 92, 101; 549 NW2d 849
(1996).
In this case, both exceptions to the warrant requirement apply. Officer Churchill
observed defendant smoking a crack pipe in his car in plain view. Officer Churchill’s
observation provided him with a sufficient basis to conclude that there was a fair probability that
contraband or evidence of a crime would be found in defendant’s car. Therefore, Officer
Churchill had probable cause to search defendant’s car, and, under both the automobile
exception and the plain view doctrine, Officer Churchill did not have to obtain a warrant before
conducting the search and seizing defendant’s crack pipe.
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VI. ADMISSION OF CRACK PIPE AS EVIDENCE
Defendant appears to contend that the trial court’s admission of his crack pipe denied him
a fair trial. We disagree. At trial, defense counsel stipulated on the record to the admission of
the crack pipe as evidence. Waiver is “the ‘intentional relinquishment or abandonment of a
known right.’” Carines, 460 Mich at 762 n 7, quoting United States v Olano, 507 US 725, 733;
113 S Ct 1770; 123 L Ed 2d 508 (1993). “‘One who waives his rights under a rule may not then
seek appellate review of a claimed deprivation of those rights, for his waiver has extinguished
any error.’” People v Carter, 462 Mich 206, 215; 612 NW2d 144 (2000) (citations omitted).
Even if defense counsel had not stipulated to the admission of the crack pipe into
evidence, we find that the crack pipe was relevant and admissible, rendering any potential
ineffective assistance argument without merit. Generally, all relevant evidence is admissible,
and irrelevant evidence is inadmissible. MRE 402. Evidence is relevant if it has “any tendency
to make the existence of any fact that is of consequence to the determination of the action more
probable or less probable than it would be without the evidence.” MRE 401. “Normally the
facts and circumstances surrounding the commission of a crime are properly admissible as part
of the res gestae.” People v Shannon, 88 Mich App 138, 146; 276 NW2d 546 (1979). Indeed,
evidence of a defendant’s other criminal acts that are blended or connected to the crime for
which defendant is charged is generally admissible to explain the circumstances of the crime
charged so that the jury can hear the complete story. People v Delgado, 404 Mich 76, 83; 273
NW2d 395 (1978). Nonetheless, under MRE 403, a trial court may exclude relevant evidence “if
its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the
issues, or misleading the jury . . . .” Evidence is not unfairly prejudicial merely because it
damages a party’s case. People v Vasher, 449 Mich 494, 501; 537 NW2d 168 (1995). Rather,
undue prejudice refers to “an undue tendency to move the tribunal to decide on an improper
basis.” Id.
In this case, even though defendant was not charged with possession of a crack pipe, the
crack pipe was direct evidence of the facts and circumstances surrounding the offenses for which
defendant was charged. The crack pipe also provided defendant a motive to elude Officer
Churchill, which supports the inference that defendant committed the offenses charged.
Moreover, defendant’s defense in this case rests largely on his possession of the crack pipe.
Specifically, defendant testified at trial that he slowly let his car “roll” down the alley—as
opposed to quickly accelerating—because he was trying to smoke from the crack pipe.
Defendant claimed that Officer Churchill told him to finish smoking his crack pipe, instead of
telling him to get out of the car. Moreover, defendant stated in his defense, “[i]f I’m guilty of
anything it’s possession of a crack pipe.” Although the admission of the crack pipe was
prejudicial to defendant’s case, its probative value was not substantially outweighed by the
danger of unfair prejudice. Therefore, the crack pipe was properly admitted as evidence at trial.
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VII. DEFENDANT’S MIRANDA1 RIGHTS
Defendant argues that his Miranda rights were violated because he was never given
Miranda warnings or told why he was stopped by the police. The United States Constitution
provides that no person “shall be compelled in any criminal case to be a witness against
himself.” US Const, Am V. Under Miranda, statements provided by an accused during
custodial interrogation are inadmissible unless the accused knowingly, voluntarily, and
intelligently waives the Fifth Amendment right. People v Tierney, 266 Mich App 687, 707; 703
NW2d 204 (2005).
Defendant fails to identify what testimony was admitted in violation of his Miranda
rights. At trial, Officer Cheatham testified that when he approached defendant’s vehicle and
issued commands, defendant was not saying anything, but rather, making sounds like, “mmmnnn, mmm-nnn, mmm-nnn” as he smoked his crack pipe. After defendant unlocked the car and
got out, “he made the statement he just wanted to finish smoking.” Assuming defendant is
referring to the above statements as the source of his alleged Miranda violation, he did not object
to their admission at trial. Thus, this issue was not properly preserved and is reviewed for plain
error affecting substantial rights. See Carines, 460 Mich at 763-764. Miranda warnings are not
required unless the accused is subject to a custodial interrogation. People v Kulpinski, 243 Mich
App 8, 25; 620 NW2d 537 (2000). “The term ‘custodial interrogation’ means questioning
initiated by law enforcement officers after a person has been taken into custody or otherwise
deprived of his freedom of action in any significant way.” People v Zahn, 234 Mich App 438,
449; 594 NW2d 120 (1999) (quotation marks and citations omitted). Review of the record
reveals that defendant’s statements were not the product of police questioning. Thus, no
Miranda violation occurred.
VIII. PROSECUTORIAL MISCONDUCT
Defendant claims that the prosecutor engaged in misconduct by bringing improper
charges against him. Because this claim is unpreserved, our review is limited to plain error
affecting defendant’s substantial rights. See Carines, 460 Mich at 763-764. A prosecutor has
broad discretion when charging a defendant, and this Court will not find an abuse of discretion
where there is sufficient evidence to support the crime charged. People v Nichols, 262 Mich App
408, 415; 686 NW2d 502 (2004). Given our conclusion that there was sufficient evidence for a
rational trier of fact to find defendant guilty of the crimes charged beyond a reasonable doubt, we
likewise find sufficient evidence to support the prosecutor’s charges. Accordingly, the
prosecutor did not abuse his discretion in charging defendant, and thus, there was no plain error.
IX. ALLEGED DISQUALIFICATION OF TRIAL JUDGE
Defendant’s last argument in challenging his convictions is that the trial judge was
disqualified from hearing defendant’s case because the judge knew him from another case.
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Miranda v Arizona, 384 US 436; 86 S Ct 1602; 16 L Ed 2d 694 (1966).
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MCR 2.003(C) provides a variety of grounds for judicial disqualification, including bias or
prejudice for or against a party. MCR 2.003(C)(1)(a). Generally, there must be a showing of
actual prejudice to disqualify a judge under MCR 2.003. People v Wade, 283 Mich App 462,
470; 771 NW2d 447 (2009). A judge is presumed to be impartial, and a party has a heavy
burden to overcome the presumption of impartiality. Id. Defendant has not demonstrated that
the trial judge was biased in this case. Moreover, the trial judge was not biased just because he
knew defendant from another case. People v Upshaw, 172 Mich App 386, 388; 431 NW2d 520
(1988).
X. CONSECUTIVE SENTENCES
Defendant challenges the trial court’s decision at resentencing to sentence him to
consecutive sentences for third-degree fleeing and eluding and resisting and obstructing.
Defendant first argues that the trial court abused its discretion in sentencing him consecutively.
Defendant asserts that the crimes he committed were the most innocuous possible versions of
those crimes and that consecutive sentences are unfair because he received the sentence at the
top of the guidelines for fleeing and eluding. This Court reviews a trial court’s decision to
impose consecutive sentences for abuse of discretion. People v St John, 230 Mich App 644, 646;
585 NW2d 849 (1998). A trial court abuses its discretion when it reaches a decision that falls
outside the principled range of outcomes. People v Breeding, 284 Mich App 471, 479; 772
NW2d 810 (2009). To the extent the imposition of consecutive sentences involves interpretation
of a statute, our review is de novo. People v Gonzalez, 256 Mich App 212, 229; 663 NW2d 499
(2003).
A trial court may only impose a consecutive sentence when authorized by law. Id. As
defendant admits, the trial court in this case was authorized under MCL 750.81d(6) to use its
discretion in determining whether to sentence defendant consecutively. The trial court sentenced
defendant as a fourth habitual offender, MCL 769.12. The presentence investigation report
(PSIR) indicates that the 50-year-old defendant has a long criminal record dating back to when
he was a teenager. Defendant’s criminal record includes seven prior felony convictions, four
prior misdemeanor convictions, and a juvenile record. The PSIR also indicates that defendant
was on parole at the time he committed the offenses in this case. The PSIR notes that defendant
has a tendency to return to criminal activity. Moreover, the fact that defendant chose to sit in a
locked car and smoke a crack pipe while a police officer was in his plain view ordering him to
exit the car indicates that defendant is unapologetic regarding the criminal actions he takes and
has a disregard for the law. Given these facts, the trial court did not abuse its discretion because
its decision to impose consecutive sentences did not fall outside the principled range of
outcomes.
XI. DOUBLE JEOPARDY
Defendant argues that his consecutive sentences for third-degree fleeing and eluding and
resisting and obstructing resulted in multiple punishments for the same offense, violating his
rights against double jeopardy under both the federal and state constitutions. Defendant raises
the issue for the first time in this appeal; therefore, the issue is not preserved. People v McGee,
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280 Mich App 680, 682; 761 NW2d 743 (2008). Both the United States and Michigan
constitutions protect a person from multiple punishments for the same offense. US Const, Am
V; Const 1963, art 1, § 15; People v Ford, 262 Mich App 443, 447; 687 NW2d 119 (2004).
When determining whether a defendant has been subjected to multiple punishments for the same
offense, this Court first assesses whether the Legislature expressed a clear intention that multiple
punishments may be imposed. People v Garland, 286 Mich App 1, 4; 777 NW2d 732 (2009). If
the Legislature has clearly expressed an intention to impose multiple punishments, then there is
no double jeopardy violation. Id.
In reading both the third-degree fleeing and eluding statute, MCL 750.479a, and the
resisting and obstructing statute, MCL 750.81d, it is clear that the Legislature intended to impose
multiple punishments. The resisting and obstructing statute states the following: “This section
does not prohibit an individual from being charged with, convicted of, or punished for any other
violation of law that is committed by that individual while violating this section.” MCL
750.81d(5). Similarly, the fleeing and eluding statute states that “a conviction under this section
does not prohibit a conviction and sentence under any other applicable provision for conduct
arising out of the same transaction.” MCL 750.479a(8).
Accordingly, defendant’s rights against double jeopardy under the United States and
Michigan constitutions were not violated because the Legislature clearly intended to impose
multiple punishments for the crimes defendant committed.
Affirmed.
/s/ Jane M. Beckering
/s/ Michael J. Talbot
/s/ Donald S. Owens
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