People of Michigan v. Brianna Berniecia Davis

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 STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, UNPUBLISHED June 25, 2025 Plaintiff-Appellee, 3:13 PM v No. 369057 Macomb Circuit Court BRIANNA BERNIECIA DAVIS, LC No. 2022-002215-FH Defendant-Appellant. Before: LETICA, P.J., and MURRAY and PATEL, JJ. PER CURIAM. Defendant appeals as of right her jury trial convictions of intentional discharge of a firearm from a motor vehicle, MCL 750.234a(1); assault with a dangerous weapon (felonious assault), MCL 750.82(1); carrying a weapon (CCW), MCL 750.227(2); and carrying a firearm during the commission of a felony (felony-firearm), MCL 750.227b(1). The trial court sentenced defendant to terms of 119 days in jail and three years’ probation with 119 days of jail credit for the intentional discharge of a firearm from a motor vehicle conviction, three years’ probation for the felonious assault conviction, and 119 days in jail and three years’ probation with 119 days of jail credit for the CCW conviction, to be served concurrently, and a two-year term of imprisonment for the felony-firearm conviction, to be served consecutively to the probationary sentence for the felonious assault conviction. We affirm defendant’s convictions, but remand for the limited purpose of correcting defendant’s judgment of sentence. I. BACKGROUND Defendant’s convictions arise from the August 27, 2022 assault of Tineshia Cooper in the parking lot of a Taco Bell in Warren. Cooper ordered from a Wendy’s restaurant through the DoorDash application (app). Soon after ordering, Cooper realized that she had mistakenly used her business address instead of her home address for the delivery destination. Because the “Dasher” had already picked up the food, Cooper could not change the delivery address. Cooper contacted the Dasher through the app to arrange to meet. The Dasher on the account was defendant’s uncle, but defendant was using his account to pick up and deliver several orders. Ultimately, defendant’s uncle connected Cooper to defendant. -1-  Cooper had used the app to track defendant’s route, which led Cooper to a nearby Taco Bell. Still on the phone, Cooper confirmed with defendant that defendant was at Taco Bell. Cooper found defendant in the drive-through line, pulled her vehicle parallel to defendant’s car, identified herself as the person who called through the Dasher app, and requested her food. Cooper got out of her vehicle and approached defendant’s vehicle. Defendant responded that Cooper could not take the food, because Door Dash “doesn’t work like that.” Cooper observed a Wendy’s bag on the front passenger seat of defendant’s vehicle. Cooper asked again if she could have her food. Cooper then reached through the opened window and took the Wendy’s bag. Cooper got into her vehicle, placed the bag in her driver’s seat, and when she looked back she saw defendant pointing a gun at Cooper’s chest. Cooper immediately drove away, and then “heard a loud pop.” When Cooper made it to a safe location, she called the police. After the police arrived, Cooper saw a bullet hole at the bottom of her driver’s side door. Cooper testified that she was unarmed and did not yell or make any threatening gestures during her interaction with defendant. Defendant testified in her own defense, asserting that she acted in self-defense when she discharged her firearm. Defendant testified that (1) Cooper was “aggressive” both on the phone and in person when demanding her food; (2) Cooper parked her vehicle directly next to defendant’s car, making it impossible for defendant to leave; (3) when Cooper reached into defendant’s vehicle, defendant felt “[t]hreatened, scared, [and] fearful”; (4) defendant was anxious because she was seven months pregnant, and because she was shot in her chest during an attempted robbery while sitting in her car in 2021; and (5) defendant’s intent was to fire a “warning shot . . . to stop a threat.” Defendant admitted that Cooper did not have a gun, and that Cooper did not attempt to make any physical contact with defendant. The defense urged the jury to “think about how [defendant] felt . . . she felt like she needed to defend herself and her unborn child[.]” Defendant was convicted and sentenced as indicated. Defendant now appeals.