COA 363237 PEOPLE OF MI V DEVON CARL BALDWIN Opinion - Per Curiam - Unpublished 12/15/2025

If this opinion indicates that it is “FOR PUBLICATION,” it is subject to
revision until final publication in the Michigan Appeals Reports.
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S T A T E O F M I C H I G A N
C O U R T O F A P P E A L S
PEOPLE OF THE STATE OF MICHIGAN,
Plaintiff-Appellee,
UNPUBLISHED
December 15, 2025
9:42 AM
v No. 363237
Ingham Circuit Court
DEVON CARL BALDWIN, LC No. 20-000345-FC
Defendant-Appellant.
Before: KOROBKIN, P.J., and MURRAY and MALDONADO, JJ.
PER CURIAM.
Defendant appeals as of right his June 17, 2022 jury-trial convictions of second-degree
murder, MCL 750.317, felon in possession of a firearm (felon-in-possession), MCL 750.224f, and
two counts of possession of a firearm during the commission of a felony (felony-firearm), MCL
750.227b. Defendant was sentenced as a third-offense habitual offender, MCL 769.11, to 600 to
800 months’ imprisonment for his second-degree murder conviction, 30 to 60 months’
imprisonment for his felon-in-possession conviction, and two years’ imprisonment for each of his
felony-firearm convictions. We affirm defendant’s convictions and sentence.
I. FACTUAL AND PROCEDURAL BACKGROUND
This case arose out of the shooting death of Bradley Wicks at a home rented by Wicks’s
cousin, Garylee Dexter1 (also known as “Flip”), and commonly referred to as “the Prairie.”
Defendant had been staying at the Prairie with Dexter leading up to the shooting on March 30,
2020. The Prairie was a home where people involved in the use and trade of methamphetamine
often came and went.
On March 28, 2020, Wicks participated in a drive-by shooting at the Prairie. Rosemarie
Arnold, who was romantically involved with Wicks at the time of his death, and had previously
1 Dexter was charged as a codefendant in Wicks’s murder, and testified in defendant’s case as part
of a plea agreement in his own case.

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engaged in a romantic relationship with Dexter, testified that she drove to the Prairie that day, and
as she slowed the vehicle in front of the house, Wicks and another man rolled down the windows
and began shooting.
Two days later Wicks picked up his close friend Anthony Palmer and drove to the Prairie.
Palmer had known both Wicks and Dexter for many years, and had previously lived at the Prairie.
Palmer testified that Wicks told him he needed to go to the Prairie to talk to Dexter.
Multiple witnesses testified as to what happened after Palmer and Wicks arrived at the
Prairie, with many of the accounts differing, at least to some degree, from the others. According
to Palmer, when he and Wicks arrived, a number of people were at the house. He went into the
living room, while Wicks went into the room with the wood stove, also referred to at trial as the
dining room. Eventually, Dexter joined Wicks in the dining room. Palmer could hear a
conversation taking place between Dexter and Wicks, during which Dexter was speaking loudly
and Wicks was not. When Palmer heard a gunshot, he went into the dining room, and noticed
defendant was standing in the room, as well. Wicks was not hit by that gunshot.
Palmer testified that he believed Dexter had fired the shot he heard, and he could tell Dexter
was angry, so he put his hand on Dexter’s shoulder, Dexter threw the gun he had been holding
across the room, and he and Dexter walked out of the dining room and through the living room
into the kitchen. Wicks remained in the dining room, and defendant eventually met Palmer and
Dexter in the kitchen before returning to the dining room. As Palmer and Dexter headed out the
back door towards the garage, Palmer heard six gunshots and ran back to the house and into the
dining room, where he saw defendant take the last shot at Wicks with a gun Palmer described as a
black .22-caliber, and Wicks lying on the floor.
According to Palmer, as he was walking over to Wicks, defendant walked past him and
muttered, “It had to be done.” Palmer then picked up Wicks, carried him through the garage, and
dropped him off at McLaren Hospital.
Dexter testified that he spoke with Wicks about the drive-by shooting in the dining room
of the Prairie on March 30, 2020, the conversation was heated, and he fired two rounds from a
.380-caliber Smith & Wesson into the dining room floor, before throwing that firearm on top of a
toolbox in the room. According to Dexter, after the shots, Palmer pulled him over to what he
referred to as the small living room where he spoke to Palmer and a woman named Christina
Burnett. He did not re-enter the dining room and was in the kitchen with Palmer when he heard
five gunshots coming from the dining room.
Dexter then ran towards the dining room before heading out the door. He testified: “I seen
[defendant] with a .22-caliber Walther in his hand and he looked shocked. Like, his eyes were
big.” Dexter continued out the breezeway door through the garage and down to the driveway
where he and Burnett got into Burnett’s truck and drove away. Dexter stated that Burnett had the
.22-caliber gun he had seen defendant holding, but denied that Palmer had given it to him while
he was in the truck. He proceeded to dump the gun and its parts out of the truck window while he
and Burnett were driving.

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Angela Tremblay was staying at the Prairie at the time of both shootings. She testified that
on March 30, she heard yelling, and discovered that it was Dexter. When she went into the living
room, she walked past the dining room and saw Wicks and Dexter. She testified that she then saw
a conversation between Dexter, defendant, and Burnett, during which Dexter handed defendant a
small handgun. It was not long after that she heard five shots coming from the dining room.
Wicks passed away on March 31, the day after the shooting, as a result of his injuries. An
autopsy determined that Wicks’s cause of death was gunshot wounds to the head.
II. RIGHT TO PUBLIC TRIAL AND INEFFECTIVE ASSISTANCE OF COUNSEL
Defendant asserts first that the trial court’s closure of the courtroom to the public, which
required spectators to watch the trial streaming in a separate room, violated his constitutional right
to a public trial. Alternatively, defense counsel argues that his trial counsel was ineffective for
failing to protect his right to a public trial.
A. PRESERVATION AND STANDARDS OF REVIEW
As stated in People v Davis, 509 Mich 52, 64-65; 983 NW2d 325 (2022):
In order to waive a known right, a party must “clearly express[] satisfaction with a
trial court’s decision . . . .” People v Kowalski, 489 Mich 488, 503; 803 NW2d 200
(2011). In contrast, a party merely forfeits rather than waives an issue when that
party fails to timely assert a right. Id. at 504 n 27.
As applied to the public-trial right, this Court has held that mere silence in
the face of a courtroom closure results in forfeiture, not waiver, of the public-trial
right. People v Vaughn, 491 Mich 642, 663-664; 821 NW2d 288 (2012).
A review of the record reveals a close call regarding whether defendant waived or forfeited
his argument that he was deprived of his right to a public trial. Discussions regarding Covid
precautions and the courtroom setup appear scattered throughout the lower court transcripts, but
are somewhat vague. At the final pretrial conference on December 22, 2021, just under five
months from the start of trial, the following exchange occurred, with defense counsel appearing to
request Covid protocols:
Defense Counsel. Speaking of the circumstance that occurred in Judge
Canady’s court, I have not been in Your Honor’s courtroom for quite some time.
I’ll stop by and take a look. I’m hopeful that Your Honor has not rearranged the
courtroom to all is normal, all is well, the old-fashioned way.
Court. Not me.
Defense Counsel. I see Your Honor shaking your head.
Court. Not me. I’m the one holdout.

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Defense Counsel. I appreciate that, Your Honor. I have trepidation
particularly having to do with the situation of which I have recently been apprised
having to do with what’s going on at the jail. I want to make sure that everybody
is safe and --
Court. Me, too.
* * *
Prosecutor. No. I mean, the scenario is certainly different than one month
ago, certainly different than when I started the last trial I did with Judge Canady,
which was eight weeks ago. The horizon doesn’t look like it’s improving. It’s just
a concern.
Court. One of the things I think we’ll need to do is probably pick 15 jurors
instead of 14. That doesn’t give you a lot of extra room, but at least an additional
one in terms of alternates.
And on the first day of trial, defense counsel expressed satisfaction with the court’s mask
mandate, and declined to add anything during the following exchange regarding streaming the trial
in a separate room:
Court. Ms. Smith, I think, has mentioned to Mr. Stevens [the prosecutor]
that there were some folks who showed up today who wanted to have arrangements
made for them to view the trial. It is being broadcast to the media room and so
that’s where folks -- unless there is some request by the Prosecutor to have other
individuals in the courtroom, perhaps behind the Prosecutor’s table. I think that’s
been mentioned to Mr. Stevens.
Correct, Mr. Stevens?
Prosecutor. It is.
Court. Okay. So you’ll work out the logistics if that needs to happen. Other
than that, is there anything else? [Defense counsel]?
Defense Counsel. No. Thank you.
Because we have found no evidence in the record that defense counsel expressed clear
satisfaction with all of the specific Covid protocols employed by the trial court, including
excluding members of the public from the courtroom, and because defendant also raises the issue
of ineffective assistance of counsel, we proceed as if defendant forfeited, rather than waived, his
public-trial argument. See Davis, 509 Mich at 64-65.
As stated in Davis, 509 Mich at 67-68 (footnote omitted):
When preserved, the erroneous denial of a defendant’s public-trial right is
considered a structural error. Weaver v Massachusetts, 582 US 286, 296; 137 S Ct

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1899; 198 L Ed 2d 420 (2017). Structural errors “are structural defects in the
constitution of the trial mechanism, which defy analysis by ‘harmless-error’
standards.” Arizona v Fulminante, 499 US 279, 309; 111 S Ct 1246; 113 L Ed 2d
302 (1991). Because the harm rendered by these errors is extensive but intrinsic
and difficult to quantify, preserved structural errors result in automatic relief to the
defendant to “ensure insistence on certain basic, constitutional guarantees that
should define the framework of any criminal trial.” Weaver, 582 US at 295.
Although preserved structural errors are subject to automatic reversal, the
alleged error here was forfeited. In order to receive relief on a forfeited claim of
constitutional error, a defendant must prove that (1) error occurred, (2) the error
“was plain, i.e., clear or obvious,” and (3) “the plain error affected substantial
rights.” People v Carines, 460 Mich 750, 763; 597 NW2d 130 (1999). Further,
“[r]eversal is warranted only when the plain, forfeited error resulted in the
conviction of an actually innocent defendant or when an error seriously affected the
fairness, integrity or public reputation of judicial proceedings independent of the
defendant’s innocence.” Id. (quotation marks, brackets, and citation omitted).
Ordinarily, “[t]he third requirement [of the plain-error test] . . . requires a showing of
prejudice, i.e., that the error affected the outcome of the lower court proceedings.” Carines, 460
Mich at 763. However, our Supreme Court
modified the Carines “plain error” test as applied to unpreserved structural errors
in [Davis]. In addressing the third prong, also known as the prejudice prong, the
Davis Court held that a forfeited structural error creates a formal presumption that
this prong of the plain-error standard has been satisfied. The formal rebuttable
presumption in cases of forfeited structural error shifts the burden to the prosecutor
to demonstrate that the error did not seriously affect the fairness, integrity, or public
reputation of the judicial proceeding. In such instances, the prosecutor must present
specific facts that affirmatively demonstrate that, despite the error, the overall
fairness, integrity, and reputation of the trial court proceedings were preserved.
[People v King, 512 Mich 1, 10; 999 NW2d 670 (2023) (quotation marks, citations,
and alterations omitted.]
“Given th[e] conceptual overlap between the third and fourth prongs of the plain-error standard
and that a forfeited structural error automatically satisfies the third prong of the plain-error
standard, a forfeited structural error is very likely to also satisfy the fourth prong of the plain-error
test.” Davis, 509 Mich at 75-76.
“[A] defendant must move in the trial court for a new trial or an evidentiary hearing to
preserve the defendant’s claim that his or her counsel was ineffective,” People v Heft, 299 Mich
App 69, 80; 829 NW2d 266 (2012), or move in this Court for remand to the trial court for a
Ginther2 hearing, People v Abcumby-Blair, 335 Mich App 210, 227; 966 NW2d 437 (2020).
Defendant preserved his ineffective-assistance argument by moving in the trial court for a new
2 People v Ginther, 390 Mich 436; 212 NW2d 922 (1973).

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trial or evidentiary hearing on the same basis, but the trial court declined to hold an evidentiary
hearing and denied the motion. Thus, “this Court’s review is limited to mistakes apparent from
the record.” Heft, 299 Mich App at 80.
“[W]hether a defendant had the effective assistance of counsel is a mixed question of fact
and constitutional law. This Court reviews findings of fact for clear error and questions of law de
novo.” Heft, 299 Mich App at 80 (quotation marks, footnote, and citation omitted).
B. ANALYSIS
The trial court did not plainly err by imposing spectator limitations in the courtroom.
The United States and Michigan Constitutions guarantee criminal defendants the right to a
public trial. Davis, 509 Mich at 66, citing US Const, Am VI, and Const 1963, art 1, § 20. “The
requirement of a public trial is for the benefit of the accused; that the public may see he is fairly
dealt with and not unjustly condemned, and that the presence of interested spectators may keep his
triers keenly alive to a sense of responsibility and to the importance of their functions . . . .” Davis,
509 Mich at 66 (quotation marks and citation omitted). The right also helps ensure that the court
and the prosecutor ethically undertake their duties and encourages witnesses to testify truthfully.
Id. But the public-trial right is not unlimited, and a courtroom closure may be warranted under
certain circumstances. Id. Specifically, to justify a courtroom closure,
there must be “an overriding interest that is likely to be prejudiced, the closure must
be no broader than necessary to protect that interest, the trial court must consider
reasonable alternatives to closing the proceeding, and it must make findings
adequate to support the closure.” [Vaughn, 491 Mich] at 653, quoting Waller v
Georgia, 467 US 39, 48; 104 S Ct 2210; 81 L Ed 2d 31 (1984) (quotation marks
omitted). [Davis, 509 Mich at 66-67.]
The record is somewhat scarce regarding the specific circumstances or logistics of the
courtroom’s closure to the public, although it is clear that Covid concerns were the driving force.
In addition to the record discussions quoted above, on the ninth day of trial, during a break in the
proceedings and in response to the prosecutor’s concerns regarding the livestreaming of a witness’
personal information into the extra room reserved for the public, the court stated:
What you were referring to, I believe, is the fact that because of the COVID
set-up in the courtroom that there is not room for general public observers or really
much of anyone except for the deputies that are there and the people with [defense
counsel’s] defense team. So they are in another room and it’s being streamed to
that room, that’s correct. The idea being it’s no different than if somebody had
walked into the courtroom.
And on the tenth day of trial, during which the court conducted evidentiary hearings outside the
presence of the jury, the court stated:
During the trial we have been streaming from the courtroom into a
supplemental room, sometimes referred to as the media room, so that observers of
the trial could watch in that room. The reason for that is because the courtroom is

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still configured, as I mentioned a couple of times, loosely described as COVID
precaution mode, meaning when the jury is in the courtroom and the two respective
sides or teams are here, there really is not much in the way of supplemental seating.
We have to make special arrangements in order to keep the courtroom open
and have an open proceeding. The way that’s been handled is by streaming it to
another room for folks who would otherwise walk into the courtroom and watch,
watch in there.
Further, in its opinion and order denying defendant’s motion for a new trial, which was
filed after defendant’s claim of appeal, the court reasoned:
Defendant’s jury trial ran from May 10, 2022, to June 17, 2022. During the
COVID-19 pandemic, courts were directed to take appropriate precautions to limit
the spread of COVID-19 and ensure trials were conducted safely. The Court took
several precautions in accordance with the SCAO Return to Full Capacity
Guidelines and local administrative orders regarding in person proceedings: the
courtroom was arranged for social distancing between the parties, courtroom staff,
and between individual jurors, anyone present in the courtroom was required to
wear a mask, and the Court made use of plexiglass barriers, hand sanitizer,
disposable microphone covers, and antibacterial cleaning wipes. The Court also
seated 15 jurors, at request of the parties, to account for the possibility of a juror
contracting COVID-19.
* * *
One of the limitations on the courtroom set-up utilized by this Court during
the COVID-19 pandemic is that it limited public viewership in the courtroom itself
due to the space required by social distancing guidelines to a small section of
seating located behind the Prosecutor’s table. As a result of this limitation, the
Court streamed the proceedings live to a media room for public viewers in
accordance with the Return to Full Capacity Guidelines.
* * *
In this case, the Court did not close proceedings to the public. Rather, the
Court followed the SCAO Return to Full Capacity Guidelines and guidance from
Model LAO-51 as well as this Court’s LAO C-30-2021-05J, and allowed public
viewing up to the maximum room capacity allowable by social distancing
measures.
Defendant correctly asserts that his trial was held over two years after the pandemic began,
at a time when most people had the opportunity to be vaccinated. Additionally, although it is
unclear whether Local Administrative Order C-30-2021-05J, cited by the court in its opinion and
order denying defendant’s motion for a new trial, remained in effect at the time of trial, SCAO
Administrative Order No. 2020-14, on which the SCAO Return to Full Capacity Guidelines was

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based,3 was rescinded on July 26, 2021,4 prior to the start of trial. So too were the executive branch
orders that had placed restrictions on people and businesses. See State of Michigan, Rescission of
Emergency Orders <https://www.michigan.gov/coronavirus/resources/orders-and-
directives/lists/executive-directives-content/rescission-of-emergency-orders-2> (June 17, 2021).
Indeed, Judge Jamo even stated at the December 22, 2021 final pretrial hearing, as it appeared to
relate to Covid restrictions, that he was the court’s “one holdout.”
None of the above demonstrates an overriding interest or reason for the trial court to have
imposed these Covid restrictions at the time of defendant’s trial. Beyond vague indications of
Covid issues approximately five months before trial, we see no evidence or explanation in the
record as to why substantial Covid restrictions were still necessary during defendant’s trial held
from May to June 2022, nor does the prosecution direct the Court to such. And, again, the judicial
and executive branches restrictions had been rescinded almost a year prior to the start of trial.
Thus, we hold that the trial court erred by restricting public access to the courtroom during
defendant’s trial.
Nevertheless, the court’s error was not plain. Both defense counsel and the prosecutor at
the very least acquiesced, if not outright supported, the court’s Covid restrictions, including its
limitations on public access to the courtroom, contradicting any assertion that the trial court’s error
was “clear or obvious.” Davis, 509 Mich at 67 (quotation marks and citation omitted). And the
record demonstrates that the trial court imposed the restrictions it did in an effort to limit the spread
of any existing Covid.
Moreover, the closure of the courtroom was no broader than necessary to protect against
the spread of Covid infections. To allow for social distancing, the court accommodated the
deputies, defense team, prosecution, and testifying witnesses, as well as 15 jurors. And, although
the court did not explicitly consider reasonable alternatives on the record, likely because no one
objected to the courtroom’s closure, the court implemented a reasonable alternative by streaming
the trial to another room in the courthouse for members of the public unable to watch inside the
courtroom. See People v Sherrill, ___ Mich App ___, ___; ___ NW3d ___ (2024) (Docket No.
360133); slip op at 6-7 (“The trial court did not consider reasonable alternatives because there was
no objection to the closure of the courtroom. However, 3d Circuit AO 2021-15 anticipated a
reasonable alternative to viewing the trial in person because the trial was streamed over
YouTube.”).
The court also addressed issues that arose, including opening a second room for viewing
when it was brought to the court’s attention that family members of opposing sides were present.
Finally, the court made minimal findings on the record explaining the general reasoning behind
the courtroom closure. Davis, 509 Mich at 66-67.
3 Return to Full Capacity Guidelines, https://www.courts.michigan.gov/49beea/siteassets/covid
/covid-19/returntofullcapacityguide.pdf.
4 See July 26, 2021 order of the Michigan Supreme Court in ADM File No. 2020-08.

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We also reject defendant’s assertion that his trial counsel rendered ineffective assistance
by failing to object to the courtroom closure. “A criminal defendant has a fundamental right to the
effective assistance of counsel.” US Const, Am VI; Const 1963, art 1, § 20; United States v Cronic,
466 US 648, 654; 104 S Ct 2039; 80 L Ed 2d 657 (1984).” People v Brown, ___ Mich App ___,
___; ___ NW3d ___ (2024) (Docket No. 359376); slip op at 10.
To establish ineffective assistance of counsel, defendant must first establish
that counsel’s performance was deficient, which requires this Court to consider
“whether, in light of all the circumstances, the identified acts or omissions were
outside the wide range of professionally competent assistance.” People v Leffew,
508 Mich 625, 637; 975 NW2d 896 (2022). Defendant must also demonstrate that
he was prejudiced by counsel’s error. To establish prejudice, defendant “must show
that there is a reasonable probability that, but for counsel’s unprofessional errors,
the result of the proceeding would have been different.” Id. (quotation marks and
citation omitted). “Reasonable probability means ‘a probability sufficient to
undermine confidence in the outcome.’ ” Id. (citation omitted). [People v
Thurmond, 348 Mich App 715, 740; 20 NW3d 311 (2023).]
And in contrast to our plain-error analysis of a forfeited public trial claim, “when a defendant raises
a public-trial violation via an ineffective-assistance-of-counsel claim, . . . prejudice is not shown
automatically.” Weaver, 582 US at 300-301.
Even if we were to assume defense counsel performed deficiently by failing to object to
the courtroom closure, for all of the reasons described above, defendant has not established
prejudice such that but for counsel’s failure to object, there was a reasonable probability that the
outcome of trial would have been different. The record demonstrates that the court likely would
have imposed the restrictions regardless, and the court implemented procedures to minimize any
prejudice to defendant.
III. FLIGHT INSTRUCTION AND INEFFECTIVE ASSISTANCE OF COUNSEL
Defendant next argues that the trial court erred when it gave the jury a flight instruction,
and that trial counsel performed deficiently by failing to object to the instruction.
A. PRESERVATION AND STANDARDS OF REVIEW
“If a party fails to object to the trial court’s instructions, then the party has failed to preserve
the objection for appellate review.” People v Craft, 325 Mich App 598, 605; 927 NW2d 708
(2018) (emphasis omitted). Whereas “[a] party’s explicit and express approval of jury instructions
as given waives any error and precludes appellate review.” People v Spaulding, 332 Mich App
638, 653; 957 NW2d 843 (2020). Defense counsel participated in the formation of the jury
instructions, and expressly approved the final jury instructions, thereby waiving any error for
appellate review. Nevertheless, we consider the issue because of defendant’s alternative argument
of ineffective assistance of counsel.
Generally, “[w]e review a claim of instructional error involving a question of law de novo,
but we review the trial court’s determination that a jury instruction applies to the facts of the case
for an abuse of discretion.” Craft, 325 Mich App at 604 (quotation marks and citation omitted).

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“However, unpreserved claims of instructional error are reviewed for plain error affecting
substantial rights.” Spaulding, 332 Mich App at 652-653.
With regard to ineffective assistance, “this Court’s review is limited to mistakes apparent
from the record,” Heft, 299 Mich App at 80, because defendant did not move in the trial court for
a new trial or an evidentiary hearing or move in this Court to remand for a Ginther hearing.
B. ANALYSIS
The trial court did not err by giving the jury a flight instruction.
“A criminal defendant has the right to a properly instructed jury . . . .” People v Montague,
338 Mich App 29, 37; 979 NW2d 406 (2021) (quotation marks and citation omitted). “The jury
instructions ‘must include all the elements of the charged offense and any material issues, defenses,
and theories that are supported by the evidence.’ ” Montague, 338 Mich App at 37-38, quoting
People v McKinney, 258 Mich App 157, 162-163; 670 NW2d 254 (2003). “[J]ury instructions are
reviewed in their entirety, and there is no error requiring reversal if the instructions sufficiently
protected the rights of the defendant and fairly presented the triable issues to the jury.” Montague,
338 Mich App at 38.
The trial court read the following flight instruction to the jury:
There has been some evidence that the Defendant tried to hide or hid after the
alleged crime. This evidence does not prove guilt. A person may run or hide for
innocent reasons such as panic, mistake, or fear; however, a person may also run or
hide because of a consciousness of guilt. You must decide whether the evidence is
true and, if true, whether it shows that the Defendant had a guilty state of mind.
Defendant argues that the evidence did not support this instruction, because he was found within
48 hours of the shooting, he took only six minutes to exit the mobile home after law enforcement’s
commands, and simply departing a crime scene is insufficient evidence of flight.
“[E]vidence of flight is admissible to show consciousness of guilt.” People v Compeau,
244 Mich App 595, 598; 625 NW2d 120 (2001). Defendant is correct that mere departure from
the scene of the crime is insufficient to support a flight instruction, People v Hall, 174 Mich App
686, 691; 436 NW2d 446 (1989), and Trooper Franklin Carpenter testified that there was no
“extreme delay” with defendant’s arrest, as defendant exited the mobile home five or six minutes
after law enforcement made announcements and banged on the residence. But defendant’s
argument ignores additional evidence in the record supporting the flight instruction.
“The term ‘flight’ has been applied to such actions as fleeing the scene of the crime, leaving
the jurisdiction, running from the police, resisting arrest, and attempting to escape custody.”
People v Coleman, 210 Mich App 1, 4; 532 NW2d 885 (1995). There is no evidence in the record
that defendant attempted to help Wicks, or call for medical attention. Instead, Tremblay testified
that following the shooting, she got into her car to leave the Prairie with other individuals, when
defendant jumped into her car. She first drove to a location she said Dexter had told defendant to
go, but then proceeded to drive defendant and the others to several locations, including a hotel near
Romulus where they spent the night, and finally to a house the next day where everyone disbanded.

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On April 1, law enforcement conducted an interview with Burnett, after which they executed a
search warrant of her residence, where defendant was ultimately arrested. During the search of
that residence, law enforcement located a cell phone linked to defendant that had been taken apart
into pieces, with the SIM card found in the toilet. The cell phone had Internet searches related to
the police investigation, which Detective Doerr interpreted as defendant trying to figure out
whether a warrant for his arrest had been issued.
The above evidence supports a reasonable inference that defendant fled the scene and was
attempting to evade arrest. Coleman, 210 Mich App at 4. That he failed just 48 hours after the
shooting does not negate this inference, and the instruction given leaves room for the jury to weigh
whether the evidence demonstrates consciousness of guilt. Accordingly, the instruction fairly
presented the issue to the jury, Montague, 338 Mich App at 38, and the trial court did not err
because sufficient evidence had been presented to support the instruction.5 In turn, defendant’s
ineffective assistance of counsel argument fails, because counsel does not perform deficiently by
not raising a meritless or futile objection. Thurmond, 348 Mich App at 741.
IV. EVIDENTIARY ERROR
Defendant argues next that the trial court impermissibly admitted, under MRE
801(d)(1)(C), Detective Ryan Cramer’s testimony that Palmer identified defendant as Wicks’s
killer during an interview with law enforcement.
A. STANDARD OF REVIEW
As stated by this Court in People v Jones, ___ Mich App ___, ___; ___ NW3d ___ (2025)
(Docket No. 362854); slip op at 3:
A trial court’s decision to admit evidence is reviewed for an abuse of
discretion. People v Propp, 508 Mich 374, 383; 976 NW2d 1 (2021). A trial court
abuses its discretion when its decision falls outside the range of reasonable and
principled outcomes. People v Dixon-Bey, 321 Mich App 490, 496; 909 NW2d
458 (2017). “[W]hether a rule or statute precludes admission of evidence is a
preliminary question of law that this Court reviews de novo.” Propp, 508 Mich at
283.
5 Defendant additionally asserts, in a footnote, that “[s]o suspect is the flight instruction that
twenty-two states . . . forbid, disapprove, or severely limit the flight instruction.” Not only is the
law from other jurisdictions not binding on this Court, People v DeBono, 346 Mich App 64, 70 n
2; 11 NW3d 546 (2023), but defendant ignores that the majority of states and jurisdictions, like
Michigan, do allow flight instructions. See, e.g., State v Cooper, 353 Conn 510, 561; 343 A3d
465 (2025); State v Aekins, 2023-Ohio-322; 207 NE3d 934, 968-970 (Ohio App, 2023); United
States v Mireles, 116 F4th 713, 726-727 (CA 7, 2024). Most states, like Michigan, allow a jury to
consider evidence that a defendant fled to determine whether it showed a consciousness of guilt.

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B. ANALYSIS
The trial court did not abuse its discretion when it admitted Detective Cramer’s testimony
regarding Palmer’s prior statement of identification.
“Hearsay is a statement, other than one made by the declarant while testifying at the trial
or hearing, offered in evidence to prove the truth of the matter asserted.” People v Johnson, 315
Mich App 163, 193; 889 NW2d 513 (2016) (quotation marks omitted), citing MRE 801(c).6
“Hearsay is generally not admissible unless an exception to the rule applies.” Johnson, 315 Mich
App at 193.
For example, under MRE 801(d)(1), a witness’s prior statement is not hearsay if the
declarant testifies at the trial and is subject to cross-examination concerning the statement, and the
statement is:
(A) inconsistent with the declarant’s testimony, and was given under oath
or subject to the penalty of perjury at a trial, hearing, or other proceeding, or in a
deposition, or
(B) consistent with the declarant’s testimony and is offered to rebut an
express or implied charge against the declarant of recent fabrication or improper
influence or motive, or
(C) one of identification of a person made after perceiving the person.
[MRE 801(d)(1).]
In response to defense counsel’s objection to Detective Cramer’s testimony, the prosecutor
asserted admissibility of the testimony as a statement of identification under MRE 801(d)(1)(C),
and the trial court overruled the objection. Defendant argues on appeal that MRE 801(d)(1)(C)
does not apply to Palmer’s interview statement identifying defendant as Wicks’s shooter because
the statement was not made to Detective Cramer after Palmer perceived defendant in an
identification setting like a photographic array or lineup. In doing so, he cites a treatise on
evidence, and two cases apparently noted by the committee considering MRE 801(d)(1)(C). But
neither holds that MRE 801(d)(1)(C) applies only to identification statements made in a specific
identification setting or procedure. See People v Poe, 388 Mich 611; 202 NW2d 320 (1972);
People v Londe, 230 Mich 484; 203 NW 93 (1925). Nor have we found any caselaw to that effect.
And the rule itself does not contain such a limitation.
Rather, Detective Cramer’s testimony regarding Palmer’s prior statement of
identification—that defendant shot Wicks—was admissible nonhearsay under MRE 801(d)(1)(C).
6 “The Michigan Rules of Evidence were substantially amended on September 20, 2023, effective
January 1, 2024. See 512 Mich lxiii (2023). Analysis of evidentiary issues in this opinion will
follow the version of the rules in effect at the time of trial.” Jones, ___ Mich App at ___; slip op
at 3 n 3.

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Palmer’s statement to Detective Cramer was one of identification made after perceiving defendant,
and Palmer testified at trial and was subject to cross-examination. See People v Sykes, 229 Mich
App 254, 266-267; 582 NW2d 197 (1998) (under MRE 801(d)(1)(C), “third-party testimony of an
out-of-court statement of identification by an identifier/declarant is substantive nonhearsay
evidence and is admissible even if it goes beyond the simple facts and circumstances of the prior
out-of-court statement of identification–if the identifier/declarant testifies and is subject to cross-
examination”).7
V. PROSECUTORIAL ERROR
Defendant argues that the prosecutor made a number of statements during rebuttal closing
argument that amount to prosecutorial misconduct, as the challenged statements personally
attacked defense counsel, and implied that defense counsel was trying to mislead the jury. He
asserts the prosecutor’s statements were outcome-determinative and seriously affected the fairness
and integrity of the proceedings because this was a close case with credibility issues, and the
statements made defense counsel out to be a shyster.
A. PRESERVATION AND STANDARD OF REVIEW
“To preserve a claim of prosecutorial error,[8] a defendant must timely and specifically
challenge the prosecutor’s statement or conduct.” Thurmond, 348 Mich App at 735, citing People
v Unger, 278 Mich App 210, 234-235; 749 NW2d 272 (2008). As defendant acknowledges, he
did not object to the prosecutor’s challenged statements. Therefore, his prosecutorial-error
argument is unpreserved. “We review unpreserved claims of prosecutorial error for plain error
affecting defendant’s substantial rights.” Thurmond, 348 Mich App at 736.
B. ANALYSIS
The prosecutor’s challenged statements, although improper on their face, do not amount to
plain error requiring reversal.
Because “[t]he prosecution’s primary responsibility is to seek justice, rather than to secure
a conviction,” “the test for prosecutorial error is whether the defendant was denied a fair and
impartial trial.” People v Wisniewski, ___ Mich App ___, ___; ___ NW3d ___ (2025) (Docket
7 Because we have held that the trial court did not err by admitting Detective Cramer’s testimony
under MRE 801(d)(1)(C), we need not address the prosecution’s argument that the statement was
also admissible under MRE 801(d)(1)(B).
8 Defendant refers to the prosecutor’s action as “misconduct.” Although “prosecutorial
misconduct” is a commonly accepted term of art in criminal appeals, it is a misnomer when
referring to allegations that do not involve violations of the rules of professional conduct or
unethical activity. People v Cooper, 309 Mich App 74, 87-88; 867 NW2d 452 (2015). Less
egregious conduct involving inadvertent or technical error should be deemed “prosecutorial error.”
Id. at 88. Defendant does not allege a violation of the rules of professional conduct or illegal
activity by the prosecutor. Therefore, we refer to defendant’s allegations using the term
“prosecutorial error.”

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No. 361978); slip op at 13. “While the prosecution is precluded from arguing facts not in evidence
or mischaracterizing the evidence presented, the prosecution is free to argue all reasonable
inferences that arise from the evidence.” Id. at ___; slip op at 13.
A “ ‘prosecutor may not suggest that defense counsel is intentionally attempting to mislead
the jury.’ ” Unger, 278 Mich App at 236, quoting People v Watson, 245 Mich App 572, 592; 629
NW2d 411 (2001). Nor may a prosecutor
question defense counsel’s veracity. When the prosecutor argues that the defense
counsel himself is intentionally trying to mislead the jury, he is in effect stating that
defense counsel does not believe his own client. This argument undermines the
defendant’s presumption of innocence. [Unger, 278 Mich App at 236 (quotation
marks and citation omitted)].
“However, the prosecutor’s comments must be considered in light of defense counsel’s
comments. An otherwise improper remark may not rise to an error requiring reversal when the
prosecutor is responding to defense counsel’s argument.” Watson, 245 Mich App at 592-593
(quotation marks, citations, and alteration omitted). The prosecutor’s challenged statements, made
during rebuttal argument, may have been improper on their face, as some of the statements
explicitly accused defense counsel of attempting to mislead the jury and misrepresent evidence,
but the statements were made in direct response to defense counsel’s closing arguments.
Defendant first challenges the prosecutor’s statement that: “There are countless, countless
times throughout [defense counsel’s] recitation where he is flat-out incorrect, and he does that on
purpose. He does it on purpose to draw your sight off the true and correct evidence.” But, the
prosecutor made this comment in reference to defense counsel’s argument that defendant’s cell
phone data placed him at the Prairie on the day of Wicks’s shooting, but not at Quality Dairy that
same morning, where he was photographed. Specifically, the prosecutor explained:
At no point did anybody testify that it is a real-time, always-on tracking of
a cell phone. In fact, what it shows is each time the phone is used. So when he gets
up here and he seems to suggest to you that [defendant] must have left his cell phone
behind when he went to Quality Dairy, that’s because he doesn’t understand the
evidence and that he’s trying to present it to you in an incorrect fashion.
And a review of the testimony supports the prosecutor’s response. Detective Derick Ward testified
that when a call is made, the phone connects with a cell tower. Additionally, Melissa Redshaw, a
crime and intelligence analyst for the Michigan State University Police Department, testified that
when law enforcement obtains cell phone records, those records include which cell towers a phone
was using when that phone is used for communication. Further, she stated: “Not everything will
have a tower associated with it. Like text messages, typically you won’t get location information
for text messages. Typically for every call you will get the tower that they were using.” When
asked if a phone can be mapped when it is turned off or does not have power, Redshaw said no,
that there would have to be a communication, which would include an incoming call.
The following challenged statements were also made by the prosecutor in direct response
to statements made by defense counsel in his closing argument:

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The entire argument from the Defense mischaracterized every bit of what I
said on closing. The uncontroverted evidence, the credible evidence starts here, but
he wants to ignore that? He didn’t touch a single bit of it.
Again, I understand that he was bored with it, that he didn’t pay attention to
it at the beginning. And why? Why is that the case? Because it damns his client.
It points to his client. It filters right into his client.
He bought the Defense strategy hook, line, and sinker. Ignore the good
stuff. Go after the people. That’s why he spent so much time on his closing
mischaracterizing, twisting every bit, every word that I said.
Indeed, defense counsel aggressively challenged the credibility of the evidence, stating that no
credible evidence supported convicting defendant, and calling the prosecution’s witnesses idiots
and liars. Further, defense counsel described the physical evidence as “mind-numbingly
scintillating.” Accordingly, defense counsel had already attacked the prosecutor’s witnesses and
the veracity of the prosecutor himself, and the prosecutor was responding to those attacks.
The same is true with regard to the prosecutor’s following rebuttal statements referencing
specific witnesses:
[Lisa Burgess’s] complete testimony was [defendant] was also upset [about
the drive-by shooting]. And when was he upset? When he, [defendant], was
showing Ms. Burgess the bullet holes in his window from the drive-by. Oh,
[defense counsel] left that part out. Why? Why did he leave that part out? We
know why. Because it damns his client.
He did it with Mr. Palmer. He wants to have you believe that Mr. Palmer
had these series of multiple interviews. Wrong again. That’s how he’s twisted it
throughout the case. That’s how he’s asked his questions of the witness. And then
when he uses it, when he presents it incorrectly, then he tries to use their answers
against them.
There were only two. But if you listen to the Defense’s theory, there are
these multiple interviews with multiple different answers. Wrong. Wrong, wrong,
wrong.
He did it with Dexter. Same thing. There is a distinct difference between
the proffer agreement and the plea agreement, but it doesn’t serve his narrative. It
doesn’t serve his argument if they’re separate because the reality is the proffer, as
Mr. Dexter testified to, offered him nothing. He was given no benefit.
The prosecutor’s comments were made in response to defense counsel’s arguments that
Burgess testified that Dexter, rather than defendant, was upset about the drive-by shooting, and
that Dexter testified against defendant because he was incentivized to do so by his proffer
agreement with the prosecution. The evidence supports the prosecutor’s statements. Burgess
testified that although he was not ranting and raving about the drive-by shooting like Dexter when
she was at the Prairie on March 29, defendant was also upset, and showed Burgess a bullet hole in

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the window in his bedroom. Additionally, on redirect examination, Dexter clarified that the proffer
agreement he entered into did not guarantee him anything, and was signed several months before
he entered into a plea agreement. With regard to the prosecutor’s statements about defense
counsel’s characterization of Palmer’s testimony, regardless of how many law enforcement
interviews Palmer participated in, the testimony shows that Palmer only withheld his identification
of defendant as the shooter at one of those interviews, and defense counsel attacked Palmer’s
credibility on this basis in his closing argument, and stated that Palmer told multiple different
stories to law enforcement.
Next, defendant challenges several statements made by the prosecutor that defense counsel
withheld information from the jury by cherry-picking the evidence that supported his arguments,
and argued to the jury that the physical evidence presented during trial was meaningless. But,
again, defense counsel, at many points throughout his closing argument, attacked the evidence
presented by the prosecutor, including the physical evidence, and asserted that the prosecutor tried
to “twist” the evidence to support his arguments. And when referring to witness testimony, defense
counsel stated: “[The prosecutor] tries to make it sound like it’s incontroverted [sic]. He tries to
make it sound like they’re consistent. And we know that that is horse crap.”
As to the prosecutor’s statements that defense counsel discussed Palmer’s possession of a
.45-caliber gun during closing argument to allude that Palmer may have been the shooter in an
effort to draw the jury’s attention away from actual evidence, the statements are similar to those
made by defense counsel attacking the prosecutor’s presentation and characterization of the
evidence presented, as cited to above. And, although we do not see where during closing argument
defense counsel referred to a .45-caliber firearm specifically, defense counsel did state: “Why
would Palmer say, ‘I saw the last shot.’ Maybe he did. Maybe he did because he delivered that
last shot -- that and the other shots -- in rapid succession.” Further, the prosecutor is correct that
beyond testimony that Palmer possessed a firearm on the day of the shooting, there is no evidence
in the record that Palmer shot Wicks.
Finally, defendant challenges the prosecutor’s statement that defense counsel referred to
the witnesses as idiots in an effort to show that defendant was not guilty, stating further, “what
[defense counsel’s] saying is so long as we commit a crime, so long as we kill somebody in front
of these types of people, we will never hold anybody accountable.” These statements are in direct
response to defense counsel’s many statements that the witnesses who testified at trial cannot
reasonably be believed, in great part, due to the fact that they are idiot drug addicts.
Nevertheless, even if the prosecutor’s statements were improper suggestions that defense
counsel was attempting to mislead the jury, Unger, 278 Mich App at 236, despite defense counsel’s
own statements during closing argument, reversal is not required. The trial court instructed the
jury that: “The lawyers’ statements and arguments are not evidence. They are only meant to help
you understand the evidence and each side’s legal theories. You should only accept things the
lawyers say that are supported by the evidence or by your own common sense and general
knowledge.” And jurors are presumed to following the jury instructions. People v Zitka, 335 Mich
App 324, 348; 966 NW2d 786 (2020). Further, a timely objection and curative instruction could
have alleviated any prejudice caused by the prosecutor’s improper comments. See People v
Aikens, ___ Mich App ___, ___; ___ NW3d ___ (2025) (Docket No. 368187); slip op at 3 (“Under
the plain-error standard, this Court will not find error requiring reversal if the prejudicial effect of

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the prosecutor’s comments could have been cured by a timely instruction.”) (quotation marks and
citation omitted); Zitka, 335 Mich App at 348 (jury instructions are presumed to cure most errors).
VI. SENTENCING
Finally, defendant argues that his “de facto life sentence” is disproportionate and violates
the Michigan and federal constitutional prohibitions against cruel and/or unusual punishment.
A. PRESERVATION AND STANDARD OF REVIEW
“There are no special steps that a defendant must take to preserve the question whether the
sentence was proportional; a defendant properly presents the issue for appeal by providing this
Court a copy of the presentence investigation report [(PSIR)].” People v Walden, 319 Mich App
344, 350; 901 NW2d 142 (2017). As we have received the PSIR, defendant has preserved the
argument that his sentence was disproportionate.
On the other hand, “[t]o preserve a claim that the defendant’s sentences were
unconstitutionally cruel or unusual, the defendant must raise the claim in the trial court.” People
v Burkett, 337 Mich App 631, 635; 976 NW2d 864 (2021). Defendant failed to raise the argument
in the trial court, leaving the issue unpreserved.
“ ‘[T]he standard of review to be applied by appellate courts reviewing a sentence for
reasonableness on appeal is abuse of discretion.’ ” Dixon-Bey, 321 Mich App at 520, quoting
People v Steanhouse, 500 Mich 453, 471; 902 NW2d 327 (2017) (alteration in original). “In
Steanhouse, the Michigan Supreme Court clarified that ‘the relevant question for appellate courts
reviewing a sentence for reasonableness’ is ‘whether the trial court abused its discretion by
violating the principle of proportionality . . . .’ ” Dixon-Bey, 321 Mich App at 520, quoting
Steanhouse, 500 Mich at 471.
Because defendant failed to preserve his argument that his sentence was cruel or unusual,
plain error review applies. See Burkett, 337 Mich App at 635.
B. ANALYSIS
We hold that defendant’s sentence was neither disproportionate nor cruel and/or unusual.
Defendant’s sentencing guidelines range for his second-degree murder conviction was 365
to 900 months’ imprisonment or life with the possibility of parole, and the court imposed a
sentence of 600 to 800 months’ imprisonment, plus 30 to 60 months’ imprisonment for his felon-
in-possession conviction, and two years’ imprisonment for each of his felony-firearm convictions.
Thus, defendant’s sentence for second-degree murder was within his sentencing guidelines range.
In People v Posey, 512 Mich 317, 326; 1 NW3d 101 (2023), the Court held “that on appeal,
challenges to within-guidelines sentences are reviewed for reasonableness according to the test
outlined in Steanhouse.”
“[T]he proper inquiry when reviewing a sentence for reasonableness is whether the
trial court abused its discretion by violating the ‘principle of proportionality’ set

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forth in People v Milbourn, 435 Mich 630, 636; 461 NW2d 1 (1990), ‘which
requires sentences imposed by the trial court to be proportionate to the seriousness
of the circumstances surrounding the offense and the offender.’ ” [People v Posey
(On Remand), 349 Mich App 199, 203-204; 27 NW3d 137 (2023), quoting
Steanhouse, 500 Mich at 459-460.]
“The guidelines remain important as an advisory resource for sentencing courts and
continue to be a ‘highly relevant consideration’ on appeal.” Posey, 512 Mich at 352. As stated by
this Court in Posey (On Remand), 349 Mich App at 204:
“An appropriate sentence should give consideration to the reformation of
the offender, the protection of society, the discipline of the offender, and the
deterrence of others from committing the same offense.” People v Boykin, 510
Mich 171, 183; 987 NW2d 58 (2022). With respect to sentencing and the
guidelines, the key test is not whether a sentence departs from or adheres to the
guidelines range. Steanhouse, 500 Mich at 472. The key test is whether the
sentence is proportionate to the seriousness of the matter. Id. In regard to
proportionality, the Milbourn Court “observed that the Legislature has determined
to visit the stiffest punishment against persons who have demonstrated an
unwillingness to obey the law after prior encounters with the criminal justice
system.” Milbourn, 435 Mich at 668. “The premise of our system of criminal
justice is that, everything else being equal, the more egregious the offense, and the
more recidivist the criminal, the greater the punishment.” People v Babcock, 469
Mich 247, 263; 666 NW2d 231 (2003). [Posey (On Remand), 349 Mich App at
204.]
When challenging a within-guidelines sentence, there is a presumption of proportionality
“through which the defendant bears the burden of demonstrating that their within-guidelines
sentence is unreasonable or disproportionate[.]” Posey, 512 Mich at 359. “[T]o overcome the
presumption that the sentence is proportionate, a defendant must present unusual circumstances
that would render the presumptively proportionate sentence disproportionate.” People v Bowling,
299 Mich App 552, 558; 830 NW2d 800 (2013) (quotation marks and citation omitted).
The trial court did not abuse its discretion by imposing a sentence of 600 to 800 months’
imprisonment for defendant’s second-degree murder conviction. The trial court set forth the
proportionality factors to be considered, and made findings based upon those factors. In
considering the circumstances of the offense, the trial court found that defendant committed an
“execution-type murder,” which the record evidence supports, and acknowledged defendant’s
criminal history. Indeed, although defendant may have served in the Naval Reserve and suffered
from mental illnesses, as he asserts on appeal, the prosecution accurately points out that defendant
has an extensive criminal history, beginning as a juvenile and continuing through adulthood,
including charges for assault with intent to rob while carrying a concealed weapon, felony
possession of methamphetamine, and misdemeanor domestic violence. He was also on bond for
charges of assault with intent to murder and assault with a dangerous weapon at the time he
committed the present offense. Defendant asserts that his sentence does little to protect society
and is unlikely to have any deterrence value, but in doing so, only states generally that society can
be protected in better ways than imprisonment and that studies show the length of a sentence has

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little impact on an individual’s decision to commit a crime. Those general arguments would apply
to any offender, and do little to convince this Court that defendant’s sentence was disproportionate.
Defendant also argues that the guidelines allow for no consideration of mitigating variables, but it
is well established that the guidelines are advisory only. Posey (On Remand), 349 Mich App at
206.
Finally, defendant characterizes his sentence for second-degree murder as a “de facto life
sentence,” and argues that while the sentence fell “within the Guidelines range, it is not
proportionate to the circumstances of the offense and the offender.” But, “a defendant’s age is
insufficient to overcome the presumption of proportionality, especially when considered in light
of a defendant’s criminal record and the gravity of his offenses,” People v Purdle (On Remand),
___ Mich App ___, ___; ___ NW3d ___ (2024) (Docket No. 353821); slip op at 5-6, as described
above.
In addition to arguing that his sentence his disproportionate, defendant asserts that his
sentence violates the Michigan and federal constitutional prohibitions against cruel and/or unusual
punishment.
“The Michigan Constitution prohibits cruel or unusual punishment, Const
1963, art 1, § 16, whereas the United States Constitution prohibits cruel and unusual
punishment, US Const, Am VIII.” People v Benton, 294 Mich App 191, 204, 817
NW2d 599 (2011). “If a punishment passes muster under the state constitution,
then it necessarily passes muster under the federal constitution.” Id. (cleaned up).
“[U]nder the Michigan Constitution, the prohibition against cruel or unusual
punishment include[s] a prohibition on grossly disproportionate sentences.” Id.
[Burkett, 337 Mich App at 636 (alterations and emphasis in original).]
To determine whether a punishment is cruel or unusual, the Court must consider:
(1) the severity of the punishment relative to the gravity of the offense, (2)
punishments imposed in the same jurisdiction for other offenses, (3) punishments
imposed in other jurisdictions for the same offense, and (4) Michigan’s traditional
goal of and preference for rehabilitation. [People v Taylor, ___ Mich ___, ___; ___
NW3d ___ (2025) (Docket Nos. 166428 and 166654); slip op at 8-9.]
Defendant analyzes these factors in his appellate brief, essentially arguing that his “de facto
life sentence” is out of line with the penalties imposed on other criminals in Michigan, and the
sentences imposed by other jurisdictions for the same crime. But, as explained above, defendant’s
criminal history and the circumstances of the crime support his sentence, and his age is insufficient
to overcome the presumption of proportionality. And, “a proportionate sentence is not cruel or
unusual.” Bowling, 299 Mich App at 558. Accordingly, the trial court did not plainly err when it
imposed defendant’s sentence for second-degree murder.
Affirmed.
/s/ Daniel S. Korobkin
/s/ Christopher M. Murray
/s/ Allie Greenleaf Maldonado

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