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PEOPLE v. SMITH

No. 346044.

969 N.W.2d 548 (2021)

336 Mich. App. 79

PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Alonte Perton SMITH, Defendant-Appellant.

Court of Appeals of Michigan.

Decided February 18, 2021, 9:00 a.m.

Attorney(s) appearing for the Case

Dana Nessel, Attorney General, Fadwa A. Hammoud, Solicitor General, John McColgan, Saginaw County Prosecuting Attorney, and Carmen R. Fillmore, Assistant Prosecuting Attorney, for the people.

Lee A. Somerville, Redford, for defendant.

Before: Swartzle, P.J., and Gleicher and M. J. Kelly, JJ.

Defendant shot the wrong person. Defendant and the intended victim were in rival Saginaw-area gangs, and the intended victim had recently made homophobic slurs against him in a Facebook Live video. As revenge, defendant shot the actual victim, a woman whom he mistook for the rival-gang member. This was the prosecutor's theory in the...

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