Assault with intent to commit murder (AWIM); Intent to kill; Sufficiency of the evidence; Self-defense; Sentencing; OV 6; MCL 777.36(1)(b); Unpremeditated intent to kill; Proportionality; Reasonableness; Fourth-offense habitual offender; MCL 769.12; Youth sentencing; People v Taylor; People v Parks

The court held that sufficient evidence supported defendant’s AWIM convictions, that OV 6 was properly scored at 25 points, and that his 40-to-60-year AWIM sentence was proportionate. He was convicted after a jury trial arising from a shooting in which two masked shooters fired at an occupied SUV, one victim was grazed, and the other was shot in the head. The trial court sentenced defendant as a fourth-offense habitual offender. On appeal, the court found the evidence was sufficient to prove intent to kill because “minimal circumstantial evidence is sufficient,” and the record showed more than 53 shell casings and 31 bullets or fragments after defendant and another shooter fired into an occupied vehicle. It rejected defendant’s self-defense theory because witness and police testimony showed neither victim had a firearm at the time of the shooting, and no weapon was found in or near the SUV. The court next found no error in the 25-point OV 6 score because the same evidence showed an unpremeditated intent to kill or at least creation of a very high risk of death or great bodily harm. Finally, the court concluded the sentence was proportionate because defendant attempted to kill two people, caused catastrophic and permanent injury to a victim under 21, and had several prior firearm-related convictions. Affirmed.