People v. Lewis, Docket No. 105760
| Court | Court of Appeal of Michigan (US) |
| Citation | 444 N.W.2d 194,178 Mich.App. 464 |
| Docket Number | Docket No. 105760 |
| Parties | PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Henry Clay LEWIS, a/k/a Damon Stevens, Defendant-Appellant. 178 Mich.App. 464, 444 N.W.2d 194 |
| Decision Date | 30 August 1989 |
Page 194
v.
Henry Clay LEWIS, a/k/a Damon Stevens, Defendant-Appellant.
178 Mich.App. 464, 444 N.W.2d 194
Decided July 17, 1989.
Released for Publication Aug. 30, 1989.
[178 MICHAPP 465] Frank J. Kelley, Atty. Gen., Louis J. Caruso, Sol. Gen., John D. O'Hair, Pros. Atty., Timothy A. Baughman, Chief of the Crim. Div., and Larry L. Roberts, Asst. Pros. Atty., for the People.
State Appellate Defender by James Krogsrud, for defendant-appellant on appeal.
Before MacKENZIE, P.J., and HOOD and BRENNAN, JJ.
Page 195
BRENNAN, Judge.
Following a bench trial, defendant was convicted of one count of delivery of less than fifty grams of cocaine, M.C.L. Sec. 333.7401(1) and (2)(a)(iv); M.S.A. Sec. 14.15(7401)(1) and (2)(a)(iv), one count of possession of less than fifty grams of cocaine with intent to deliver, M.C.L. Sec. 333.7401(1) and (2)(a)(iv); M.S.A. Sec. 14.15(7401)(1) and (2)(a)(iv), and one count of possession of a firearm during the commission of a felony (the possession of cocaine), [178 MICHAPP 466] M.C.L. Sec. 750.227b; M.S.A. Sec. 28.424(2). Defendant was sentenced to concurrent prison terms of eighteen months to twenty years for the delivery and the possession with intent to deliver convictions, and to the mandatory two-year prison term for the felony-firearm conviction. Defendant appeals only the possession and felony-firearm convictions. We reverse.
The facts of this case are as follows:
In the early evening on August 19, 1986, Fred Watkins, a Detroit Police Officer acting as part of an undercover narcotics team, went to a house on Monica Street in the City of Detroit to purchase cocaine. When he arrived at the home, Watkins observed three men, including defendant, seated on the front porch. Watkins approached the men and asked for "Hank." None of the men responded; however, defendant stood up and walked down off of the porch towards the rear of the house. Watkins followed.
When they reached the rear of the house, defendant told Watkins that, in the future, Watkins was to just walk to the rear of the house and someone would help him. Defendant told Watkins to remain in the backyard. Defendant walked toward the front of the house. Watkins then observed defendant inside the house opening the back door. A metal grate covered the door. Defendant opened the grate with a key he had around his neck.
Defendant asked Watkins what he wanted. Watkins responded that he wanted "two twenty," meaning two $20 rocks of cocaine. Watkins gave defendant $40 in marked bills. Defendant reentered the house through the back door. He returned with two heat-sealed plastic packets containing rock cocaine. Watkins took the cocaine and left the house to rejoin the other members of the [178 MICHAPP 467] narcotics team positioned approximately one-half mile away.
After a short briefing, the narcotics team went back to the house and raided it. Watkins observed defendant...
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