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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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