People of Michigan v. Michael Kevin Jackson

• Court: Michigan Supreme Court
• Decided: March 19, 2021
• Docket: 161801
• Status: Published

Opinion

Order Michigan Supreme Court Lansing, Michigan

March 19, 2021 Bridget M. McCormack, Chief Justice

162071 Brian K. Zahra David F. Viviano Richard H. Bernstein Elizabeth T. Clement Megan K. Cavanagh PEOPLE OF THE STATE OF MICHIGAN, Elizabeth M. Welch, Plaintiff-Appellee, Justices

v SC: 162071 COA: 348768 Lenawee CC: 17-018748-FC COLLEEN MARIE BERRIDGE, Defendant-Appellant.

_____________________________________/

On order of the Court, the application for leave to appeal the August 27, 2020 judgment of the Court of Appeals is considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we REVERSE that part of the Court of Appeals judgment affirming the trial court’s scoring of Offense Variable (OV) 6, VACATE the sentence of the Lenawee Circuit Court, and REMAND this case to the trial court for resentencing. As noted by dissenting Judge Stephens, OV 6 should be assigned 25 points only where there is a very high risk of death, meaning more than the risk attendant to other deliveries, or that the defendant had particularized knowledge that this delivery was more probably than not going to lead to great bodily harm or death. MCL 777.36(1)(b). The prosecutor has thus far failed to point to evidence demonstrating this type of risk.

We do not retain jurisdiction.

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court. March 19, 2021 b0316 Clerk