Opinion
SC: 160285 COA: 343547
02-07-2020
PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Javier CANO-MONARREZ, Defendant-Appellant.
Order
On order of the Court, the application for leave to appeal the July 30, 2019 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 the judgment of the Court of Appeals as to the scoring of Offensive Variable (OV) 17, and we REMAND this case to the Kent Circuit Court for resentencing. The prosecuting attorney has conceded that the trial court erred in scoring OV 17, MCL 777.47. Because correcting the OV score would change the applicable guidelines range, resentencing is required. People v. Francisco , 474 Mich. 82, 711 N.W.2d 44 (2006). In all other respects, leave to appeal is DENIED, because we are not persuaded that the remaining question presented should be reviewed by this Court.