Opinion

People of Michigan v. Edgar Henry Merchant

Court
Michigan Court of Appeals
Filed
Jun 20, 2019
Status
Unpublished
Cited by
0 cases
Authority
More cited than 8.0%

The opinion

If this opinion indicates that it is “FOR PUBLICATION,” it is subject to

revision until final publication in the Michigan Appeals Reports.

STATE OF MICHIGAN

COURT OF APPEALS

PEOPLE OF THE STATE OF MICHIGAN, UNPUBLISHED

June 20, 2019

Plaintiff-Appellee,

v No. 343437

Wayne Circuit Court

EDGAR HENRY MERCHANT, LC No. 17-007411-01-FC

Defendant-Appellant.

Before: GADOLA, P.J., and BOONSTRA and SWARTZLE, JJ.

PER CURIAM.

Defendant assaulted his girlfriend, entered her home without her consent, threatened to

kill her, and then stabbed her with a meat-carving knife. After a bench trial, the trial court

convicted him of multiple offenses. Defendant appeals as of right, arguing that the evidence was

insufficient to prove that he committed first-degree home invasion and that the trial court

improperly scored offense variable 3 regarding physical injury to a victim. Defendant’s

arguments are without merit, and we affirm his convictions and sentences.

I. BACKGROUND

Defendant and the victim began dating in October 2016, and defendant sometimes stayed

overnight at the victim’s home. On February 8, 2017, the victim dropped defendant off at his

place of employment. In the afternoon, defendant called the victim because he wanted to come

to her home, but the victim said “no.” Later that day, the victim picked up defendant from his

home and a verbal altercation ensued. The victim began to take defendant back to his own

home, but he wanted to retrieve his personal belongings from the victim’s home.

When the victim arrived at her home, she pulled her vehicle into the driveway, rather

than the garage. She told defendant that she would retrieve his personal belongings and then

come back to the car and take him home. Defendant then physically assaulted the victim.

Defendant choked her tightly around the neck until she could not breathe and punched her in the

face with a closed fist, causing the victim to lose consciousness. When the victim regained

consciousness, she tried to get out of the car, but defendant caught her and hit her in the head,

causing her to fall on the driveway. Defendant ordered the victim to get up, pull the car inside

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the garage, and close the garage door. Defendant told the victim that he would kill her if she did

not comply with his demands. The victim complied and defendant entered her home.

Once inside, defendant repeatedly threatened to kill the victim. Defendant then retrieved

a meat-carving knife from the kitchen. The victim grabbed the telephone, dialed 911, and ran for

the door, trying to escape. Although the victim opened the front door, defendant grabbed her and

pulled her back inside the home, causing her to fall. Defendant then hit the victim again in the

face and stabbed her in the groin with the knife. When the victim rolled over, defendant stabbed

her again in the buttock. The victim stated that blood was “gushing” out of her groin, that she

thought defendant had cut her artery, and she thought she was “bleeding out.” Defendant refused

the victim’s plea for an ambulance and held the knife to her neck, where he cut her. At that

point, police arrived and found the victim on the floor, bleeding profusely. One of the

responding police officers testified that the victim’s blood had pooled on the floor beneath her

thighs. The victim vomited and lost consciousness.

As a result of defendant’s attack, the victim was hospitalized for five days. In addition to

the two stab wounds, the victim suffered a hematoma in her left eye and a cracked eye socket.

After she was released from the hospital, the victim continued to follow up with her treating

physician to monitor her blood count, given the amount of blood she lost as a result of

defendant’s attack. The victim testified that the strangulation and concussion caused a severe

brain injury and post-traumatic stress disorder.

After a bench trial, the trial court convicted defendant of assault with intent to do great

bodily harm less than murder (AWIGBH), MCL 750.84; first-degree home invasion, MCL

750.110a(2); assault by strangulation, MCL 750.84(1)(b); aggravated domestic violence, MCL

750.81a(2); and interfering with a crime report, MCL 750.483a(1)(b). The trial court sentenced

defendant to a term of 57 months to 10 years in prison for his AWIGBH conviction, 95 months

to 20 years in prison for his conviction of first-degree home invasion, 57 months to 10 years in

prison for his assault by strangulation conviction, 381 days for his conviction of aggravated

domestic violence, and 381 days for his conviction of interfering with a crime report. We affirm.

II. ANALYSIS

A. SUFFICIENCY OF THE EVIDENCE

Defendant first argues that the prosecutor presented insufficient evidence to establish that

defendant lacked permission to enter the victim’s home. Defendant argues that he and the victim

were involved in a serious dating relationship, living together on and off, and that she did not tell

him that he had no permission to enter her home on the day that he assaulted her. Defendant’s

argument is without merit.

When reviewing a defendant’s challenge to the sufficiency of the evidence, we review the

evidence in a light most favorable to the prosecutor to determine whether any trier of fact could

find the essential elements of the crime were proven beyond a reasonable doubt. People v

Williams, 294 Mich App 461, 471; 811 NW2d 88 (2011).

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The elements of first-degree home invasion are: (1) the defendant breaks and enters a

dwelling or enters a dwelling without permission; (2) the defendant intends to or actually did

commit a felony, larceny, or assault in the dwelling; and (3) another person is lawfully present in

the dwelling or the defendant is armed with a dangerous weapon. People v Wilder, 485 Mich 35,

43; 780 NW2d 265 (2010). Defendant only challenges the sufficiency of the proofs regarding

the first element, whether he entered the dwelling without permission, arguing that the victim did

not tell him that he could not enter her home. The phrase “without permission” means “without

having obtained permission to enter from the owner or lessee of the dwelling or from any other

person lawfully in possession or control of the dwelling.” MCL 750.110a(1)(c).

At the bench trial, the trial court summarized the testimony by stating that the “victim

clearly indicated she did not give [defendant] permission to enter” the home. The trial court also

noted that defendant threatened to kill the victim if she did not comply with his demands, and

that when the victim “followed his directions,” defendant “came into the house.” On these facts,

the trial court found defendant guilty of first-degree home invasion.

Viewing the evidence in a light most favorable to the prosecutor, the trier of fact could

find, beyond a reasonable doubt, that defendant entered the victim’s home without her

permission. Defendant never had a key or received mail at the victim’s home. The testimony

was clear that defendant did not have permission to enter the victim’s home; the victim stated

that she did not give defendant permission and did not want him to enter. The victim testified

that when she arrived at her home, she told defendant that she was going to retrieve his

belongings and come back to the car to take defendant back to his own home; however,

defendant attacked her and entered her home. Therefore, the first element was satisfied.

Defendant argues that, because he and the victim were arguably living together at least on

and off at the victim’s home and because the victim had previously permitted him access to her

home, the evidence presented was insufficient to prove that he had no such permission on the

date in question. Defendant’s argument is without merit. “[T]he fact that a person is in a dating

relationship in no way entitles that person to be present in his or her partner’s dwelling at will,”

and “[t]he fact that defendant spent some nights at the house is immaterial.” People v Dunigan,

299 Mich App 579, 583; 831 NW2d 243 (2013). When viewed in a light most favorable to the

prosecution, there was sufficient evidence for the trial court to find beyond a reasonable doubt

that defendant entered the victim’s home without permission.

B. OFFENSE VARIABLE 3

Defendant next argues that the trial court improperly assessed 25 points for offense

variable (OV) 3. We conclude that the trial court properly assessed 25 points for OV 3 because

the victim’s excessive blood loss qualified as a life-threatening injury.

This Court reviews de novo the proper interpretation and application of the sentencing

guidelines. People v Sours, 315 Mich App 346, 348; 890 NW2d 401 (2016). On appeal, “the

circuit court’s factual determinations are reviewed for clear error and must be supported by a

preponderance of the evidence. Whether the facts, as found, are adequate to satisfy the scoring

conditions prescribed by statute, i.e., the application of the facts to the law, is a question of

statutory interpretation, which an appellate court reviews de novo.” Id. (cleaned up).

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Offense variable 3 involves “physical injury to a victim.” MCL 777.33(1). A trial court

must score OV 3 by determining which category applies and assigning the number of points

attributable to the one that has the highest number of points. Id. A trial court must assess 25

points for OV 3 if “[l]ife threatening or permanent incapacitating injury occurred to a victim.”

MCL 777.33(1)(c). The trial court may only assess 10 points, however, if “[b]odily injury

requiring medical treatment occurred to a victim.” MCL 777.33(1)(d).

At sentencing, defense counsel requested that the trial court assess only 10 points, rather

than 25 points, for OV 3. The trial court disagreed, explaining that there was a “great likelihood

had [the victim] not called 911, she would have died because of the extent of her bleeding.” In

People v Rosa, 322 Mich App 726, 746; 913 NW2d 392 (2018), this Court stated that “[i]f the

gunshot resulted in the victim’s nearly bleeding to death, the victim suffered a life-threatening

injury, and OV 3 should be scored accordingly.” Additionally, this Court stated that the

defendant’s strangulation of the victim in Rosa warranted an assessment of 25 points because

“the strangulation was severe enough and continued long enough such that the victim lost

consciousness or control over bodily functions—albeit temporarily—[and] it demonstrates that

the anoxic injury was severe enough to be life-threatening.” Id. at 747.

At trial in this case, the victim testified that defendant stabbed her in the groin, buttock,

and neck. Following the attack, the victim lost consciousness, suffered significant blood loss, a

hematoma to one eye, and a cracked eye socket, and spent five days in the hospital. The victim

stated, “I was bleeding so much I was fading out.” The responding police officers testified that

the victim was “bleeding heavily,” that blood was “pooling under her thighs,” and that she was

“coming in and out of consciousness” during transport to the hospital. The victim stated that she

vomited and passed out as she was being transported. After her release from the hospital, the

victim received follow-up treatment because of the significant amount of blood loss. At

sentencing, the victim stated that the strangulation and concussion caused a severe brain injury

and that she was still being treated for the brain injury. Like in Rosa, the significant amount of

blood loss, loss of consciousness, and loss of control over bodily functions demonstrate by a

preponderance of the evidence that the victim’s injuries were life threatening. Id. at 746-747.

Therefore, the trial court did not err by finding that the victim suffered a life-threatening injury,

and it did not err by assessing 25 points for OV 3.

Finally, defendant argues that the 25-point assessment was not warranted because the

prosecutor did not present any medical evidence establishing that the victim’s injuries were life

threatening or permanently incapacitating. Medical evidence or testimony is not necessary to

prove that a victim suffered life-threatening injuries. People v McCuller, 479 Mich 672, 697 n

19; 739 NW2d 563 (2007). In McCuller, the severity of the injuries alone was sufficient to

conclude that they were life threatening. Id. at 697. Similarly, the severity of the victim’s

injuries in this case was sufficient to conclude that they were life threatening.

Affirmed.

/s/ Michael F. Gadola

/s/ Mark T. Boonstra

/s/ Brock A. Swartzle

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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