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No. 130526
| The People of the State of Michigan, |
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Timothy A. Baughman |
Plaintiff-Appellee, |
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David A. McCreedy |
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(Appeal from Ct of Appeals) |
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(Wayne - Ryan, D.) |
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| Quentin Johnston, |
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John F. Royal |
Defendant-Appellant. |
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| __________________________________________ |
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Plaintiff-Appellee's Brief on Appeal>>
Defendant-Appellant's Brief on Appeal>>
Background
Quentin Johnston and two acquaintances, Ernest Chapman and Neftali Villegas, plotted to steal jewelry from the Taylor flea market. As Johnston waited outside in the getaway vehicle, Villegas and Chapman entered the flea market, where Villegas broke a jewelry case with a hammer. Villegas and Chapman then grabbed some of the jewelry and tried to escape, but Villegas was caught. Chapman escaped by using a box-cutter to inflict serious facial and neck injuries on the security guard who tried to stop him. Chapman and Johnston drove back to Detroit. Both men were later arrested, and Johnston confessed to his role in the crimes. After a jury trial, Johnston was convicted of larceny from the person and conspiracy. Chapman, because of his assault on the security guard, was convicted of assault with intent to commit great bodily harm, as well as unarmed robbery, conspiracy, and felonious assault. The judge who sentenced Johnston took Chapman’s use of the box cutter into account; accordingly, as one of a group of offenders engaged in a criminal endeavor, Johnston was assessed points for OV 1 (aggravated use of a weapon), OV 2 (lethal potential of the weapon) and OV 3 (physical injury to victim) statutes. Johnston would not have received any points for those offense variables but for Chapman’s acts. After scoring the offense variables and variables for Johnston’s prior record, the trial court sentenced Johnston within the sentencing guidelines to concurrent terms of 38-120 months in prison. The Court of Appeals affirmed Johnston’s convictions and sentences in an unpublished opinion. Johnston appeals.
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