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STATE OF MICHIGAN COURT OF APPEALS

PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v MICHAEL PIERRE BROWN, Defendant-Appellant.

UNPUBLISHED August 16, 2011

No. 297659 Oakland Circuit Court LC No. 2009-228699-FC

Before: CAVANAGH, P.J., and WILDER and OWENS, JJ. PER CURIAM. Defendant appeals as of right his jury trial convictions of first-degree premeditated murder, MCL 750.316(1)(a), felon in possession of a firearm, MCL 750.224f, and two counts of possession of a firearm during the commission of a felony, MCL 750.227b. He was sentenced, as a fourth habitual offender, MCL 769.12, to life imprisonment for the first-degree premeditated murder conviction, 10 to 40 years' imprisonment for the felon in possession of a firearm conviction, and two years' imprisonment for each felony-firearm conviction. We affirm.
Defendant's convictions stem from his fatal shooting of Anthony Singleton. Defendant first argues that there was insufficient evidence presented at trial to disprove his claim of self-defense beyond a reasonable doubt. We disagree. In reviewing a claim of insufficiency of the evidence, all factual conflicts must be resolved in a light most favorable to the prosecution. People v Johnson, 460 Mich 720, 723; 597 NW2d 73 (1999); People v Wolfe, 440 Mich 508, 515; 489 NW2d 748 (1992). This Court must "determine whether any rational trier of fact could have found that the essential elements of the crime were proven beyond a reasonable doubt." Id. The standard of review is deferential, and all reasonable inferences and credibility choices must be made in support of the jury verdict. People v Nowack, 462 Mich 392, 400; 614 NW2d 78 (2000).

Defendant relies on the Self-Defense Act, MCL 780.971 et seq., which states, in relevant part: An individual who has not or is not engaged in the commission of a crime at the time he or she uses deadly force may use deadly force against another individual anywhere he or she has the legal right to be with no duty to retreat if either of the following applies:

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(a) The individual honestly and reasonably believes that the use of deadly force is necessary to prevent the imminent death of or imminent great bodily harm to himself or herself or to another individual. [MCL 780.972(1)(a) (emphasis added).] Under the common law, a person is generally required "to avoid the use of deadly force if he can safely and reasonably do so, for example . . . by utilizing an obvious and safe avenue of retreat." People v Riddle, 467 Mich 116, 119; 649 NW2d 30 (2002). The Self-Defense Act's abrogation of the common-law duty to retreat in certain situations does not apply to defendant because he was engaged in the commission of a crime

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