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STATE OF MICHIGAN COURT OF APPEALS

PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v ELLIS MILLS, III, Defendant-Appellant.

UNPUBLISHED March 24, 2011

No. 293378 Kent Circuit Court LC No. 08-011617-FC

Before: GLEICHER, P.J., and WHITBECK and OWENS, JJ. PER CURIAM. A jury convicted defendant Ellis Mills of second-degree murder,1 carrying a concealed weapon (CCW), 2 and possession of a firearm during the commission of a felony (felonyfirearm).3 Mills appeals as of right. More specifically, he appeals the trial court's denial of his motions for a new trial and an evidentiary hearing on grounds of newly discovered evidence and on grounds of ineffective assistance of counsel. Mills also appeals the trial court's scoring of offense variables (OV) 6 and 9. We affirm. I. FACTS A. THE PARTIES INVOLVED This case arises from a dispute between individuals who are affiliated with the street gang known as the Gangster Disciples (Disciples) and individuals who are affiliated with the street gang known as the Tres Manos Gangsters (Tres Manos). For ease of reference, the parties are affiliated as follows:

1 2 3

MCL 750.317. MCL 750.227. MCL 750.227b.

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Parties affiliated with defendant, Mills, and their gang affiliation (present at Ovalle residence). Ellis Mills ............ Pablo Ovalle ............ Isidro Ovalle ............ Tina Ovalle ............ Alexandra Vandevender . . . . . . . . . Pablo, Jr. ............ Chelsea Schondelmayer-Hoffman . . Sam Otteren ............ Antonio Delgado ............ Christine Vandevender . . . . . . . . . . Defendant Mills' best friend Pablo's father Pablo's mother Pablo's girlfriend Pablo / Alexandra's son Mills' girlfriend / fianc

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