Bindover; First-degree murder; Premeditation & deliberation; People v Oros; Ineffective assistance of counsel; Plea bargaining; Lafler v Cooper; Self-defense; MCL 780.972; Sufficiency of the evidence; Prosecutorial error; Sentencing; Felony-firearm; MCL 750.227b; Consecutive sentencing; People v Clark; Judgment of sentence (JOS)

The court held that defendant was properly bound over on first-degree murder, was not denied the effective assistance of counsel during plea negotiations, and was not entitled to relief on his self-defense challenge, but that his JOS required ministerial correction. Defendant shot the decedent inside a liquor store after an altercation. The security footage showed defendant approach the decedent, draw his firearm, hold him at gunpoint, and shoot him as he fell. On appeal, the court first held that the bindover was proper because the video evidence supported premeditation and deliberation, including that defendant drew his gun, held the decedent at gunpoint despite another person’s (B) efforts to intervene, and had enough time “to take a second look.” The court next rejected defendant’s ineffective-assistance claim arising from plea negotiations because defendant twice “unequivocal[ly]” rejected plea offers on the record and failed to show that viewing B’s interrogation video would have changed his decision. The court noted that the interrogation statements were “quite similar” to B’s trial testimony and other evidence, and the security footage was “arguably more damaging.” As to self-defense, the court held that the prosecution presented sufficient evidence to disprove the defense because witnesses heard no threats, the decedent was unarmed, and the video “clearly depict[ed]” defendant approaching the decedent and holding him at gunpoint. The court also held that the prosecutor’s characterization of defendant as the aggressor was consistent with the proofs and was not misconduct. Finally, the court held that the JOS had to be corrected because a CCW sentence cannot run consecutively to a felony-firearm sentence where MCL 750.227b expressly excludes MCL 750.227 as a predicate felony, and “‘no language in the statute permits consecutive sentencing with convictions other than the predicate offense.’” Affirmed but remanded for ministerial correction of the JOS.