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PEOPLE OF MI V JENNIFER M PRUITT
State: Michigan
Court: Court of Appeals
Docket No: 170648
Case Date: 08/13/1996
Preview:STATE OF MICHIGAN
COURT OF APPEALS


PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v JENNIFER M. PRUITT, Defendant-Appellant.

UNPUBLISHED August 13, 1996

No. 170648 LC No. 93-124150

Before: Young, P.J., and Corrigan and M.J. Callahan,* JJ. PER CURIAM. Defendant appeals by right her jury trial convictions of felony murder-armed robbery and felony murder-larceny, MCL 750.316; MSA 28.548, second-degree murder, MCL 750.317; MSA 28.549, and armed robbery, MCL 750.529; MSA 28.797, arising from the murder of Elmer Heichel. Defendant was charged with aiding and abetting the offenses.1 The court sentenced defendant to terms of life imprisonment for the second-degree murder conviction, the felony murder convictions, and the armed robbery conviction. We affirm in part and reverse in part. On August 29, 1992, in the early morning hours, defendant informed codefendant Donnell Miracle that Elmer Heichel, an elderly neighbor, had "a lot of money." Codefendant told defendant that she was going to obtain money from the victim and would hurt him if necessary. Defendant and codefendant put socks on their hands, climbed out the window, and entered the victim's unlocked home. Defendant was present when Miracle stabbed the victim 27 times. Both women later returned to the scene to clean up their fingerprints. Defendant and codefendant took the victim's wallet containing $93.00, a carton of cigarettes, a watch, a camera, a lighter and rings from the victim's home.
2

Defendant first argues that the prosecutor improperly charged her with three counts of murder arising from one death. Because ample evidence supported the prosecutor's decision to charge defendant with each count of first-degree premeditated murder, felony murder-armed robbery, and felony m urder-larceny, the prosecution did not abuse its discretion in charging defendant. People v Oxendine, 201 Mich App 372, 377; 506 NW2d 885 (1993). * Circuit judge, sitting on the Court of Appeals by assignment.
-1

Defendant further argues that her convictions for second-degree murder, felony murder-larceny, felony murder-armed robbery and armed robbery and life sentences for each of these convictions violated her right against double jeopardy. US Const, Am V; Const 1963, art 1,
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