People v. Robinson

715 N.W.2d 44 (2006)

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Nature of the Case

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Facts

D and Pannell went to the house of the victim, Bernard Thomas, with the stated intent to 'fuck him up.' Under Pannell's direction, D drove himself and Pannell to the victim's house. Pannell knocked on the victim's door. When the victim opened the door, D struck him. As the victim fell to the ground, D struck the victim again. Pannell began to kick the victim. D told Pannell that 'that was enough,' and walked back to the car. When D reached his car, he heard a single gunshot. Pannell shot and killed Thomas. D stated that he did not shoot the victim. The trial court found D guilty of second-degree murder 'on the prong of great bodily harm only.' The court found that D drove Pannell to the house with the intent to physically attack Thomas. The court also found that once at the home, D initiated the attack and D's attack enabled Pannell to 'get the upper-hand.' The court sentenced D to a term of 71 months to 15 years. The Court of Appeals reversed holding that there was insufficient evidence to support D's second-degree murder conviction. It held that there was no evidence establishing that D was aware of or shared Pannell's intent to kill Thomas. P appealed.