People of Michigan v. Michael Allen Taylor


If this opinion indicates that it is “FOR PUBLICATION,” it is subject to revision until final publication in the Michigan Appeals Reports. STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, UNPUBLISHED February 5, 2019 Plaintiff-Appellee, v No. 339721 Macomb Circuit Court MICHAEL ALLEN TAYLOR, LC No. 2016-000808-FC Defendant-Appellant. PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v No. 339786 Macomb Circuit Court DEVIN LEE BLAKE, LC No. 2016-001409-FC Defendant-Appellant. Before: STEPHENS, P.J., and K. F. KELLY and TUKEL, JJ. PER CURIAM. Defendants, Michael Allen Taylor (“Taylor”) and Devin Lee Blake (“Blake”), appeal as of right their June 23, 2017, jury trial convictions for five counts of armed robbery, MCL 750.529, two counts of conspiracy to commit armed robbery, MCL 750.529 and MCL 750.157a, and possession of a firearm during the commission of a felony, MCL 750.227b. Taylor was sentenced to 25 to 26 years’ imprisonment for each of the robbery convictions, to run concurrently with one another and consecutive to a two-year term for the felony-firearm conviction. Blake was sentenced to 220 to 360 months’ imprisonment for the armed robbery convictions, to be served consecutive to his two-year term for the felony-firearm conviction. Finding no errors warranting reversal, we affirm. I. BASIC FACTS These cases arise out of the armed robbery of a Domino’s Pizza shop and a Subway shop in Warren on November 10, 2015. The robbery of the Subway shop occurred at approximately 9:40 p.m., and the robbery of the Domino’s Pizza shop occurred at approximately 10:00 p.m. Samantha Sultz (“Samantha”) was working at the Subway shop that night with her coworker, Michael Cohen (“Michael”). Alan Sultz (“Alan”), Samantha’s father, was also present at the shop, waiting for Samantha so that he could drive her home. At approximately 9:40 p.m., the door chimed and a person walked into the shop. Samantha turned around to set her phone down so that she could wait on the customer. When she turned back around, she noticed that another person had followed the first person inside. The second person climbed over a half-wall, walked across the cutting boards, and walked toward Samantha. He told her to hand over her cell phone, but she refused. He then told her to open the cash drawer, and she complied. The man was wearing jeans, brown boots, a gray hoodie, and a ski mask. She could tell that the person was a white male, but she was unable to see his face. The first man was also a white male. That man wore the hood of his hoodie up so that his face was mostly hidden. The men left together. Samantha saw the first man swinging a gun back and forth as he walked out. Alan was sitting at a table when he noticed a man step over the half-wall and saw another man near Michael. The man near Michael had a gun and motioned for Alan to come toward him. Alan identified that man as Blake. Alan testified that Blake was wearing ...

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