The Michigan Court of Appeals recently vacated a defendant’s conviction of Delivering 50 to 450 Grams of Heroin. In the case of People v. Jesse Anthony Collins
, the trial court erred by allowing the prosecutor to aggregate numerous small deliveries into one drug crime of Delivery of 50 to 450 Grams of Heroin.
The elements of delivering 50 to 450 grams of heroin are: (1) defendant’s delivery; (2) of 50 to 450 grams; (3) of heroin or a mixture containing heroin; (4) with knowledge that he is delivering heroin. In the case at hand, the largest amount of heroin that Mr. Collins delivered on any one occasion was 28 grams. The statutory definition does not use a plural form of transfer, indicating that delivery is a single transfer, not multiple transfers over a period of time. In the double jeopardy context, separate deliveries give rise to separate charges.
Without aggregating the deliveries, there was no evidence supporting defendant’s conviction of Delivery of 50 to 450 Grams of Heroin. Defendant’s case was remanded back to the trial court for resentencing because the most serious drug crime
charge was vacated. Because the court of appeals vacated the most serious count, defendant’s other sentences were based in part on inaccurate information, they also remanded for resentencing on the remaining convictions.
Michigan Drug Crime Attorneys