Sufficiency of the evidence for a felony-firearm (MCL 750.227b(1)) conviction; People v Moore; Aiding & abetting

Holding that there was sufficient evidence for a rational trier of fact to find defendant guilty of aiding and abetting felony-firearm, the court affirmed her conviction. Her conviction “under an aiding-and-abetting theory was based on the undisputed evidence that” a man (L) shot the victim. It was clear from L’s testimony “that an assault took place, and that [L] at least intended to inflict great bodily harm on, if not kill, the victim. [L’s] testimony also established that he had a gun in his possession during the shooting. Therefore, a rational juror could conclude that [L] violated the felony-firearm statute.” In addition, a “rational juror could conclude that defendant performed acts to assist in the commission of [L’s] felony-firearm violation by supplying the gun and bullets used in the shooting and encouraging [L] to shoot the victim with the gun.” Finally, the court found that a “rational juror could conclude that defendant intended the commission of [L’s] felony-firearm violation.” There was evidence supporting a close association between them. While “defendant denied having a longstanding relationship with [L], [he] testified that they knew each other for 30 years and were particularly involved with one another because of their drug-related criminal activity. [L] testified that defendant was ‘like [his] family,’ and that she rescued him from homelessness and gave him drugs, housing, and food in exchange for [L] offering her protection. [L] also testified at length about defendant’s involvement in the plan to shoot the victim.” Given all the evidence, “a rational trier of fact could conclude that the elements of aiding and abetting felony-firearm were proven beyond a reasonable doubt, and that defendant procured, counseled, aided, or abetted [L] to carry or possess a firearm when he shot the victim.” The court noted that to the extent she challenged the victim’s credibility, it “‘must defer to the fact-finder’s role in determining the weight of the evidence and the’” witnesses’ credibility.