FACTS OF CARLOS DUAN KING'S INCARCERATION

PEOPLE OF THE STATE OF MICHIGAN

Plaintiff,

-vs-

CARLOS DUAN KING
Defendant,


MOTION FOR RELIEF FROM JUDGMENT

NOW COMES, Defendant Carlos Duan King, by his retained attorney, Mary A. Owens, and pursuant to MCR 6.500 et seq., request relief from his August 17, 1992, judgement of conviction for the following reasons:

1. Defendant was convicted on August 6, 1992, by way of a jury trial of two counts of Armed Robbery, MCL 750.529, MSA 28.797, and one count of Felony Firearm, MCL 750.227(6), MSA 28.424(2), before the Honorable Michael J. Callahan.

2. Defendant was sentenced on August 17, 1992, to 50-75 years for the Armed Robbery convictions to be served concurrently, and 2 years consecutive for the Felony Firearm conviction.

3. Defendant is currently incarcerated at the Macomb Correctional Facility, 34625 26 Mile Rd. Lennox Township, MI 48048.

4. Defendant pursued a direct appeal from his convictions in the Michigan Court Of Appeals, which affirmed his conviction on November 5, 1993. COA No. 159553. The Michigan Supreme Court denied leave to appeal on June 14, 1994. MSC No. 98232. A petition for habeas corpus was not filed.

5. This is defendant's first motion for relief from judgment.

6. Defendant was represented by the following attorneys at the respective proceedings:

Gerald Evelyn -- Trial
Myzell Sowell -- Sentencing; August 17, 1992
Roman Karowski -- Direct Appeal

7. By this Motion, Defendant is requesting that he be resentenced because his sentence is invalid due to a retroactive change in the law.

SPECIFICALLY, DEFENDANT CONTENDS:

8. Defendant had been charged with two counts of first degree murder, two counts of armed robbery, and one count of felony firearm. Defendant was found NOT GUILTY on the two charges of first degree murder. (August 6, 1992 Tr, 5-6). However, he was convicted of two counts of armed robbery and one count of felony firearm.

9. At sentencing, the trial court scored Defendant 100 points for Offense Variable 2, even though he was acquitted of homicide.

10. Appellate counsel Roman S. Karowski, represented Defendant in his appeal of right was on behalf of Defendant Carlos Duan King in the Michigan Court of Appeals, case no. 159553. Counsel Karowski raised only one (1) issue for appellate review with the Court of Appeals, stating:

"IS THE SENTENCE DISPROPORTIONATE UNDER People v Milbourn?"

11. On November 5 1993, the Court of Appeals affirmed defendant's conviction and sentences. On November 16, 1993, Defendant Carlos Duan King, acting in pro-per, sought leave to appeal in the Michigan Supreme Court and was denied leave on January 4, 1994.

12. Defendant now brings this instant Motion for Relief from Judgment pursuant to MCR 6.500 et. seq., on the basis that PEOPLE V BECK, 504 Mich ______ (2019) renders his sentence unconstitutional to the extent the sentence is based on acquitted conduct. Further, because PEOPLE V BECK announced a fundamental rule of substantive constitutional law -- i.e. that one cannot be sentenced on the basis of acquitted conduct because to do so violates due process and the presumption of innocence -- BECK retroactively applies to Defendant.

13. BECK requires that Defendant Carlos Duan King be resentenced without the assignment of 100 points for OV 2 and without any reliance on acquitted conduct, as that violates due process and the presumption of innocence.

WHEREFORE, Defendant requests that he be granted relief from his unconstitutional sentence, and be resentenced.

FILED: March 29, 2021, By attorney Mary A. Owens P-3389

TIME SERVED FOR ALL DEFENDANTS

Carlos Duan King: Is currently serving a 50 year prison sentence for
two counts of armed robbery, and one count of felony firearm.
He has 30 calendar years in prison, and 31 years locked
up altogether.

William Jerry Chambers: Served 2 years for accessory after the
fact. He's been out of prison for 28 years.

Eugene Steven Zabrzenski: Served 23 years for being the driver.
He's been out of prison eight years give or take.

Jamal Ali Brown: Served 30 years for two counts of first degree
murder, two counts of armed robbery, and one count
of felony firearm. He went home March 10, 2022.

WHY IS CARLOS DUAN KING STILL IN PRISON?

I think all of us should seek to find the answer to this question so that we can try to help get this man out of prison and home to his family. He has served more than enough time for Armed Robbery. Post this and send it to your family and friends, and contact your local media so that we can collectively help right this injustice.

Sincerely,


Family and friends

Carlos Duan King #222974 or contact him at JPay.com
Macomb Correctional Facility
34625 26 Mile Rd.
Lenox Township, MI 48048