156283 - People v Tarone Devon Washington
Attorney Information
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People
of the State of Michigan
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Aaron J. Mead
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Plaintiff-Appellant,
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v
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(Appeal from Ct of Appeals)
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(Berrien – LaSata, C.)
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Tarone Devon Washington
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Marilena B. David-Martin
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Defendant-Appellee.
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Order Link
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Summary
Page Content
Defendant was convicted of maintaining a drug
house, possessing a firearm during the commission of a felony (felony-firearm),
and other offenses. The crime of maintaining a drug house is defined in the
Public Health Code as a misdemeanor, punishable by up to two years in prison.
Because it is punishable by more than one year in prison, it is treated as a
felony for purposes of the Code of Criminal Procedure. In People v Smith, 423
Mich 427, 434 (1985), the Supreme Court held that Penal Code offenses labeled
as two-year “misdemeanors” may nonetheless be considered as “felonies” for
purposes of the Code of Criminal Procedure. The Smith Court also held that the
definitions and labels contained in each code apply only within that code, and
that “the Legislature intended two-year misdemeanors to be considered as
misdemeanors for purposes of the Penal Code . . . .” Id. at 434, 444. On
appeal, the Court of Appeals directed the parties to address whether
defendant’s “misdemeanor” conviction of maintaining a drug house could serve as
the predicate “felony” for his conviction of felony-firearm, a Penal Code
offense. In an unpublished split opinion, the Court of Appeals majority,
relying on Smith, agreed with defendant and vacated his felony-firearm
conviction. The majority noted that, if it were deciding this case on a blank
slate, it would rule for the prosecutor, and encouraged the prosecutor to apply
for leave to appeal to the Supreme Court. The dissenting judge understood Smith
as holding that the definition of maintaining a drug house as a “misdemeanor”
in the Public Health Code would not transfer to the Penal Code. The Supreme
Court has ordered oral argument on the prosecutor’s application for leave to
appeal to address whether the crime of maintaining a drug house, MCL
333.7405(1)(d), MCL 333.7506, a misdemeanor punishable by up to two years in
prison, may serve as the predicate felony for a conviction of felony-firearm,
MCL 750.227b.