People v. Nawwas

Michigan Supreme Court

People v. Nawwas

876 N.W.2d 246, 499 Mich. 874, 2016 Mich. LEXIS 448

CourtMichigan Supreme Court

DecidedMarch 23, 2016

Docket151382; Court of Appeals 319039

StatusPublished

This text of 876 N.W.2d 246 (People v. Nawwas) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Nawwas, 876 N.W.2d 246, 499 Mich. 874, 2016 Mich. LEXIS 448 (Mich. 2016).

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Opinion

Pursuant to MCR 7.305(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 Wayne Circuit Court, and, based on the prosecutor’s response confessing error and stating that the defendant is entitled to resentenc-ing, we remand this case to the trial court for resentencing. The Sentencing Information Report indicates that the trial court only scored the sentencing guidelines for the defendant’s violation of MCL 750.227. “Offense variables are properly scored by reference only to the sentencing offense except when the language of a particular offense variable statute specifically provides otherwise.” People v McGraw, 484 Mich 120, 135 (2009). The trial court erred in scoring offense variable 9, MCL 777.39, based on a finding that two to nine victims were placed in danger of physical injury or death in relation to the defendant’s violation of MCL 750.227. In all other respects, leave to appeal is denied, because we are not persuaded that the remaining questions presented should be reviewed by this Court.

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Pursuant to MCR 7.305(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 Wayne Circuit Court, and, based on the prosecutor’s response confessing error and stating that the defendant is entitled to resentenc-ing, we remand this case to the trial court for resentencing. The Sentencing Information Report indicates that the trial court only scored the sentencing guidelines for the defendant’s violation of MCL 750.227. “Offense variables are properly scored by reference only to the sentencing offense except when the language of a particular offense variable statute specifically provides otherwise.” People v McGraw, 484 Mich 120, 135 (2009). The trial court erred in scoring offense variable 9, MCL 777.39, based on a finding that two to nine victims were placed in danger of physical injury or death in relation to the defendant’s violation of MCL 750.227. In all other respects, leave to appeal is denied, because we are not persuaded that the remaining questions presented should be reviewed by this Court.

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Bluebook (online)

876 N.W.2d 246, 499 Mich. 874, 2016 Mich. LEXIS 448, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-nawwas-mich-2016.

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