People v. Clark

Michigan Supreme Court

People v. Clark

865 N.W.2d 32, 498 Mich. 858

Michigan Supreme Court·Decided July 1, 2015·No. No. 150202; Court of Appeals No. 313121·Published·Cited by 3 cases

Opinion

Pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we reverse in part the judgment of the Court of Appeals, we vacate the sentence of the Washtenaw Circuit Court, and we remand this case to the trial court for resentencing. Had Offense Variable (OV) 3, MCL 777.33, not been [859]*859scored, the correct guidelines range was 84 to 140 months, rather than the range of 87 to 145 months on which the defendant’s sentence was based. Therefore, the defendant is entitled to relief under the rationale of People v Francisco, 474 Mich 82 (2006). In all other respects, leave to appeal is denied, because we are not persuaded that the remaining questions presented should he reviewed by this Court.

Free access — add to your briefcase to read the full text and ask questions with AI

Pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we reverse in part the judgment of the Court of Appeals, we vacate the sentence of the Washtenaw Circuit Court, and we remand this case to the trial court for resentencing. Had Offense Variable (OV) 3, MCL 777.33, not been [859]*859scored, the correct guidelines range was 84 to 140 months, rather than the range of 87 to 145 months on which the defendant’s sentence was based. Therefore, the defendant is entitled to relief under the rationale of People v Francisco, 474 Mich 82 (2006). In all other respects, leave to appeal is denied, because we are not persuaded that the remaining questions presented should he reviewed by this Court.

People v. Clark, 865 N.W.2d 32, 498 Mich. 858 (Mich. 2015).

Pincite

865 N.W.2d 32 (People v. Clark) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related