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STATE OF MICHIGAN
COURT OF APPEALS


PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v MATTHEW BUCHANAN, Defendant-Appellant.

UNPUBLISHED December 11, 1998

No. 202987 Muskegon Circuit Court LC No. 96-140126 FH

Before: Griffin, P.J., and Neff and Bandstra, JJ. PER CURIAM. Defendant was convicted by a jury of first-degree premeditated murder, MCL 750.316; MSA 28.548, and possession of a firearm during the commission of a felony, MCL 750.227b; MSA 28.424(2). He was sentenced to life imprisonment without parole for the first-degree murder conviction and a consecutive two-year term for the felony-firearm conviction. He appeals as of right. We affirm. Defendant claims that there was insufficient evidence of premeditation and deliberation to sustain his conviction of first-degree murder. We disagree. Viewed in a light most favorable to the prosecution, the evidence was sufficient to enable a rational trier of fact to find beyond a reasonable doubt that, between defendant's initial statement expressing an intent to kill the victim and his carrying out of that intent, there was ample time and opportunity to take a "second look." People v Plummer, 229 Mich App 293, 299-300; 581 NW2d 753 (1998). Premeditation may be inferred by defendant's threat to kill the victim, his procurement of a weapon, the circumstances of the killing itself, and defendant's statements and conduct after the killing. People v Anderson, 209 Mich App 527, 537; 531 NW2d 780 (1995). Defendant also claims that the trial court improperly found evidence of a conspiracy and, therefore, erred in admitting certain statements allegedly made in furtherance of that conspiracy. Again, we disagree. Our review of the evidence reveals that proof of a conspiracy between defendant and his wife to kill the victim was independently established by a preponderance of the evidence. People v Vega, 413 Mich 773, 782; 321 NW2d 675 (1982). Independent proof of the conspiracy having been

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established, the statements of the coconspirator made during the course and in furtherance of the conspiracy were admissible under MRE 801(d)(2)(E). Id. at 780. Affirmed. /s/ Richard Allen Griffin /s/ Janet T. Neff /s/ Richard A. Bandstra

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