Sufficiency of the evidence; People v. Nowack; People v. Wolfe; Identity; People v. Yost; People v. Kern; Ineffective assistance of counsel; People v. LeBlanc; Strickland v. Washington; People v. Solmonson; Trial strategy; People v. Odom; People v. Payne; Principle that arguing that defendant is guilty of an offense is not necessarily ineffective assistance of counsel; People v. Walker; People v. Savoie; People v. Wise; People v. Matuszak; Sentencing; Sentencing of a juvenile to life in prison without the possibility of parole; MCL 769.25; Miller v. Alabama; Judicial fact-finding; People v. Skinner; Waiver; People v. Cook; Assault with intent to murder (AWIM)

The court held that there was sufficient evidence to support defendant-James’ convictions, and that defendant-Hickerson was not denied the effective assistance of counsel. However, it held that the trial court erred by sentencing Hickerson (a juvenile) to life without parole. Thus, it affirmed their convictions, but vacated Hickerson’s life-without-parole sentence for first-degree felony murder and remanded for resentencing. Defendants were each convicted of first-degree felony murder, AWIM, first-degree home invasion, and three counts of felony-firearm. The trial court sentenced James (also a juvenile) to concurrent prison terms of 40 to 60 years for the felony-murder conviction, 23 to 50 years for the assault conviction, and 11 to 20 years for the home invasion conviction, to be served consecutive to concurrent 2-year terms of imprisonment for the felony-firearm convictions. It sentenced Hickerson to life imprisonment without parole for the felony-murder conviction, and concurrent prison terms of 23 to 50 years for the assault conviction and 11 to 20 years for the home invasion conviction, to be served consecutive to concurrent 2-year terms for the felony-firearm convictions. On appeal, the court rejected James’ argument that the evidence was insufficient to identify him as a participant in the charged crimes, noting there was sufficient evidence to place him “at the crime scene as a planner and active participant in the mayhem and carnage of that evening.” The evidence supporting his “identity included the victim’s testimony regarding the number of perpetrators, their weaponry and clothing. A weapon was found near the crime scene the next day that contained significant DNA markers linked to James.” The court also rejected Hickerson’s argument that he was denied the effective assistance of counsel, noting that “defense counsel reasonably suggested that the jury should ignore the most serious charge of first-degree felony murder and acquit” him of the assault and one felony-firearm count. Further, he was not prejudiced. However, the court found that the trial court employed an unlawful procedure in sentencing him to life in prison without parole. “Because Skinner significantly altered the constitutionality of the process by which the trial court sentenced” Hickerson to life without parole, and there was no indication that he “waived his right to a jury determination of the facts justifying a sentence of life without parole,” he was entitled to resentencing.