People v. Petty

• Citation: 665 N.W.2d 443,469 Mich. 108
• Decision Date: 17 July 2003
• Docket Number: Docket No. 121564, Calendar No. 3.
• Parties: PEOPLE of the State of Michigan, Plaintiff-Appellant/Cross-Appellee, v. Gregory PETTY, Defendant-Appellee/Cross-Appellant.
• Court: Supreme Court of Michigan

665 N.W.2d 443

469 Mich. 108

PEOPLE of the State of Michigan, Plaintiff-Appellant/Cross-Appellee, v. Gregory PETTY, Defendant-Appellee/Cross-Appellant.

Docket No. 121564, Calendar No. 3.

Supreme Court of Michigan.

Argued April 8, 2003.

Decided July 17, 2003.

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, Michael E. Duggan, Prosecuting Attorney, Timothy A. Baughman, Chief of Research, Training, and Appeals, and Joseph A. Puleo, Assistant Prosecuting Attorney, Detroit, MI, for the people.

State Appellate Defender (by Valeroe R. Newman), Penobscot Bldg., Detroit, MI, for the defendant-appellee.

Opinion

MICHAEL F. CAVANAGH, J.

A jury convicted defendant of first-degree felony murder, armed robbery, and possession of a firearm during the commission of a felony. Because defendant was a juvenile at the time of the offenses, the trial judge held a dispositional hearing, as required by M.C.L. § 712A.18(1)(n), which was combined with defendant's sentencing hearing. The judge sentenced defendant as an adult to a mandatory term of life imprisonment for the felony-murder conviction. Defendant appealed, claiming that the trial judge failed to explicitly consider each factor articulated in M.C.L. § 712A.18(1)(n), as indicated in People v. Thenghkam, 240 Mich.App. 29, 610 N.W.2d 571 (2000) (construing the "automatic waiver" statute, M.C.L. § 769.1[3], which mandates an inquiry nearly identical to M.C.L. § 712A.18[1][n]). Defendant also argues that he was denied the right to allocute before the imposition of his sentence. The Court of Appeals affirmed the convictions, but remanded for correction of the judgment of sentence and for resentencing. In response to the prosecutor's appeal, we reject the approach utilized by Thenghkam, vacate relevant portions of the Court of Appeals decision, and remand to the trial court for resentencing in accord with this opinion.

I. Facts and Proceedings

At the age of fifteen, defendant Gregory Petty encouraged his twelve-year-old companion to commit armed robbery. In the course of the robbery, the twelve-year-old child shot and killed the victim, Calvin Whitlow. In a statement to the police, the younger companion indicated that defendant gave him the gun. When asked why he shot the victim, the twelve-year-old stated, "Greg threatened to kill me if I didn't."¹

As permitted by M.C.L. § 712A.2d, defendant's case was designated for trial in the family division as an adult criminal proceeding. The jury found defendant guilty of felony murder, armed robbery, and felony-firearm.

Following a combined dispositional and sentencing hearing,² the court imposed an adult sentence, one of three options available to the court under M.C.L. § 712A.18(1)(n). Defendant received a mandatory sentence of life imprisonment for the felony-murder conviction, M.C.L. § 750.316(1)(b), and a consecutive two-year term for the felony-firearm conviction, M.C.L. § 750.227b.

Before imposing the sentence, the trial judge articulated his rationale in the following statement:

The thought of sentencing anyone to life in prison without chance of parole takes your breath away. But after you catch your breath it's very clear that we have guidelines. They're called laws. And we're required to follow the law. To that extent, this Court's responsibility, this Court's duty is to interpret not only the conviction of first degree murder; not only the conviction for armed robbery; not only the conviction for felony firearm, but to look at how a sentence as an adult versus disposition as a juvenile will impact the community.

The Court has had a chance to hear quite eloquently from the family of the victim. They have been consistant [sic] in their appearances before the Court throughout this lengthy process. I don't believe there's any question, in fact it's not controverted, the jury found [defendant] guilty of first degree murder. There is no more serious crime. The jury also found that even though he was not the actual person who fired the weapon that resulted in the death of Mr. Whitlow, ... he was responsible for that.

The record of [defendant], the juvenile record, certainly reflects a number of contacts. I was a little surprised at some of the testimony offered this morning.

I talked about the law a few moments ago. The law dictates whether people are innocent or guilty upon the presentation of evidence and a ruling either by a Court or by a judge or by a jury. To read a report that says there was a dismissal or there was—there's insufficient evidence does not begin to tell the whole story. What I have though based on that information that's in the file, based on these reports is there has been consistant [sic] contact with this Court that has resulted in not one, but now two convictions. One for carrying a concealed weapon and now this one, which includes—actually three convictions for various felonies including murder one.

[Counsel for defendant] argued that there is sufficient juvenile programming available to assist [defendant]. I don't really think that's controverted. The question is did the witnesses come forward with ambiguous recommendations about—Judge, I think that he ought to be in a juvenile system, but I think he probably needs to be their [sic] longer than the law allows. That is the crux isn't it? It's what [the] law will allow. And if you're saying that he needs to be in there longer than what [the] law will allow for a juvenile then you are saying to this Court that the only option we have available is the adult sentence. He's not been successful in the programming requirements relative to this matter.

At the hearing involving Mr. Moore, the Court talked about penalizing the mother if the law would allow. Now perhaps that was a little unfair. The mother, the father, family, school, court, you name it, I think that there's plenty of blame to go around. But the reality is that when you get finished assessing blame it still gets us back to what [the] law demands. If the juvenile disposition will not be sufficient then from where I sit there is no alternative. As such I will sentence [defendant] as an adult. The law requires a mandatory life sentence without parole. That's all.

On appeal, defendant alleged several errors, including a violation of M.C.L. § 712A.18(1)(n), which mandates consideration of the enumerated criteria, and a violation of his right to allocute before sentencing. The Court of Appeals affirmed, but remanded for resentencing in light of the court's failure to specifically articulate factual findings regarding each criterion listed in §§ 18(1)(n)(i)-(vi) and its failure to provide defendant with an opportunity to allocute.³ We granted the prosecutor's application for leave to appeal. 467 Mich. 896, 654 N.W.2d 328 (2002).

II. Standard of Review

Because we must clarify the proper interpretation of M.C.L. § 712A.18(1)(n), this issue of law is subject to review de novo. In re MCI, 460 Mich. 396, 413, 596 N.W.2d 164 (1999).

Further, we review de novo the scope and applicability of the common-law right to allocute, also a question of law. People v. Petit, 466 Mich. 624, 627, 648 N.W.2d 193 (2002).

III. The Dispositional and Sentencing Inquiry

Following a judgment of conviction in a designated case, M.C.L. § 712A.18(1)(n) provides a judge with the option of imposing either a juvenile disposition, an adult sentence, or a blended sentence, i.e., a delayed sentence pending defendant's performance under the terms provided by a juvenile disposition. To understand the appropriate method of inquiry a judge is required to undertake, we must examine the statute, M.C.L. § 712A.18(1)(n), to determine the Legislature's intent.

The first step in discerning legislative intent requires review of the statutory text adopted by the Legislature. House Speaker v. State Administrative Bd., 441 Mich. 547, 567, 495 N.W.2d 539 (1993). If unambiguous, the Legislature will be presumed to have intended the meaning expressed. Lorencz v. Ford Motor Co., 439 Mich. 370, 376, 483 N.W.2d 844 (1992). Should reasonable minds differ with respect to a statute's meaning, judicial construction is appropriate. Sam v. Balardo, 411 Mich. 405, 418-419 n. 9, 308 N.W.2d 142 (1981).

MCL 712A.18 provides in part:

(1) [I]f the court finds that a juvenile is within this chapter [i.e., subject to the juvenile code], the court may enter any of the following orders of disposition that are appropriate for the welfare of the juvenile and society in view of the facts proven and ascertained:

* * *

(n) If the court entered a judgment of conviction under section 2d⁴ of this chapter, enter any disposition under this section or, if the court determines that the best interests of the public would be served, impose any sentence upon the juvenile that could be imposed upon an adult convicted of the offense for which the juvenile was convicted. If the juvenile is convicted of a violation or conspiracy to commit a violation of ... M.C.L. § 333.7403,⁵ the court may impose the alternative sentence permitted under that section if the court determines that the best interests of the public would be served. The court may delay imposing a sentence of imprisonment under this subdivision for a period not longer than the period during which the court has jurisdiction over the juvenile under this chapter by entering an order of disposition delaying imposition of sentence and placing the juvenile on probation upon the terms and conditions it considers appropriate, including any disposition under this section. If the court delays imposing sentence under this section, section 18i of this chapter applies. If the court imposes sentence, it shall enter a judgment of sentence. If the court imposes a sentence of imprisonment, the juvenile shall receive credit against the sentence for time served before sentencing....

The discretionary authority to choose among three alternatives is plainly stated in this portion of the statute; the court may ...