Jury compromise; Whether the first-degree & second-degree murder charges were properly submitted to the jury; Premeditation or malice; Sentencing; OVs 1 & 2; Proportionality of sentence

Concluding that defendant failed to show the trial court committed any errors warranting relief, the court affirmed her conviction and sentence. She was convicted of second-degree murder and sentenced as a second-offense habitual offender to serve 25 to 50 years. She argued “that the first-degree and second-degree murder charges were improperly submitted to the jury, and that the verdict was likely the product of jury compromise.” Specifically, she contended “that these charges were improperly submitted to the jury because the prosecutor presented insufficient evidence to demonstrate that defendant acted with premeditation or malice.” On this record, she “failed to demonstrate that the first-degree murder charge was improperly submitted to the jury or that insufficient evidence supported the charge.” The court held that even “though the jury presumably did not find that defendant acted with premeditation or deliberation, when viewed in a light most favorable to the prosecution, there was sufficient evidence for the trial court to submit the charge of first-degree premeditated murder to the jury.” The court concluded “there was sufficient evidence to demonstrate that defendant deliberately, aggressively, and repeatedly drove forward and over the victim, causing his eventual death. As such, the charge of first-degree murder was properly submitted to the jury.” The court was “similarly unpersuaded by defendant’s argument that the charge of second-degree murder was improperly submitted to the jury.” The evidence presented supported a finding that she acted “in wanton and willful disregard of the likelihood that the natural tendency of such behavior is to cause death or great bodily harm.” Also, the “vehicle was used as a weapon, and as such, the trial court did not err by assessing 10 points for OV 1 and one point for OV 2.” Lastly, she failed to show that her sentence was disproportionate.