Opinion
372502
11-12-2024
PEOPLE OF MICHIGAN v. BRANDYN JORDAN CRANE
LC No. 23-006398-01-FC
Kirsten Frank Kelly Presiding Judge Kathleen Jansen Anica Letica Judges
ORDER
Pursuant to MCR 7.205(E)(2), in lieu of granting the application for leave to appeal, the trial court's September 3, 2024 order is REVERSED, and the matter REMANDED for entry of an order denying the motion to quash the bindover. "At a preliminary examination, the prosecution must present evidence establishing that the defendant committed the charged offense, and the district court must find that probable cause exists to bind over a defendant for trial." People v Fairey, 325 Mich.App. 645, 648-649; 928 N.W.2d 705 (2018). In this case, the prosecution presented evidence that established probable cause to believe that defendant committed first-degree premeditated murder. See, e.g., People v Oros, 502 Mich. 229, 240 n 4; 917 N.W.2d 559 (2018); People v Bass, 317 Mich.App. 241, 266; 893 N.W.2d 140 (2016). See also People v Youngblood, 165 Mich.App. 381, 388; 418 N.W.2d 472 (1988) (discussing the concept of transferred intent). To the extent the trial court believed that defendant's intoxication left him unable to form the necessary intent, that is incorrect, both because the evidence presented did not establish that defendant was actually intoxicated, and because it failed to demonstrate that defendant "did not know and reasonably should not have known that he . . . would become intoxicated." MCL 768.37(2). The district court did not abuse its discretion in binding defendant over on the charge of first-degree murder or the associated felony-firearm charge, and it was error to hold otherwise. People v Hawkins, 340 Mich.App. 155, 173; 985 N.W.2d 853 (2022).
This order is to have immediate effect. MCR 7.215(F)(2). We do not retain jurisdiction.