Sufficiency of the evidence; Armed robbery; First-degree home invasion; Felony-murder; Recorded recollection; MRE 803(5); Rule of completeness; MRE 106; Present sense impression; MRE 803(1); Party-opponent statement; MRE 801(d)(2)(A); Cross-examination; Sentencing; Mandatory life without parole; 19-year-old offender; Miller v Alabama; People v Parks; People v Taylor

The court held that sufficient evidence supported defendant’s convictions and that no evidentiary ruling required reversal, but his mandatory life-without-parole felony-murder sentence had to be vacated under Taylor. He was convicted in a cold-case robbery and fatal shooting. The court first held that the evidence was sufficient where contemporaneous text messages indicated defendant and his accomplice (a codefendant) sought money from the victim’s home, the door was kicked in, defendant’s prints were found on a garbage bag at the scene, and the accomplice told a witness that he and “KD” (defendant’s nickname) went to commit a robbery and that “a lady was shot” during it. The court concluded these facts “more than establish” armed robbery, first-degree home invasion, and felony-murder. The court next held that the trial court did not abuse its discretion by admitting a witness’s 2017 police interview as a recorded recollection because the witness once had knowledge of the text messages but “had no recollection” at trial. It also held that the trial court properly declined to admit the entire interview under MRE 106 because the remaining portions involved “other unrelated murders” and were irrelevant. The court further held that the text messages were admissible because they contemporaneously relayed the accomplice’s statements, and defendant abandoned his challenge to limits on cross-examining the witness who testified about the accomplice’s admissions. Finally, although defendant challenged only his armed-robbery sentence, the court held that Taylor required vacating his mandatory felony-murder sentence because he was 19 when he committed the offenses. Affirmed in part, vacated in part, and remanded.