Opinion
No. 130244.
October 20, 2006.
Appeal from the Court of Appeals No. 265346.
Summary Dispositions October 20, 2006.
Pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, we vacate the judgment of sentence and remand this case to the Oakland Circuit Court for resentencing. Under People v Johnson, 474 Mich 96 (2006), the trial court erred in its scoring of offense variable 11. Although defendant entered a plea agreement pursuant to People v Cobbs, 443 Mich 276 (1993), to be sentenced at the bottom of the guidelines range, which was then believed to be 84 months, that was not the correct guidelines minimum in light of Johnson, supra. Because the defendant's sentence was based on an inaccurate calculation of the guidelines range, he is entitled to be resentenced. Johnson, 474 Mich at 103.
WEAVER and CORRIGAN, JJ. We would deny leave to appeal.