In a decision by the Michigan Court of Appeals made on December 20th, Darryl Willard Cain, the defendant-appellant, had his argument that convictions for carjacking and unlawfully driving away in a motor vehicle violated both the Michigan and United States Constitutions rejected. Cain claimed that the conviction violated double jeopardy clauses; the court found that convictions for both offenses did not offend the double jeopardy clause.
The incident occurred in Detroit in June of 2010. According to court documents, Cain carjacked the victim, Courtney Spires, as he was sitting at a red light in his mother’s 1995 gold Saturn. Spires claimed that Cain came up to his driver’s side window, pointed a gun and demanded that he get out of the car. Cain also demanded the victim take off his Timberland boots and pants, which Cain also allegedly stole along with a cell phone and wallet. Cain then proceeded to get into the car, and a woman got into the passenger seat. The van that Cain had been in prior to the carjacking then followed Cain and the passenger as they drove off in Spires’ mother’s Saturn.
Upon locating the Saturn in a backyard, police officers also found a Ford Explorer which was determined to be a stolen vehicle. Cain and two others were then arrested. Cain told Grosse Pointe Park police during questioning that he did not carjack anyone, and that someone had told him about the stolen cars; he also denied owning the gun.
In October of 2010, Cain was convicted on several charges which included felon in possession of a firearm, felony firearm, two counts of receiving and concealing a stolen motor vehicle, carjacking, and UDAA (unlawful driving away of an automobile).
The Michigan Court of Appeals found that the double jeopardy argument made by the defendant did not offend the clause due to elements of each offense that do not apply to the other.
Individuals who have been convicted of a theft or property crime and who wish to appeal their conviction should consult with an experienced Michigan theft and property crime appeal lawyer who will work aggressively to improve the outcome of your case.