Opinion
No. 133295.
September 24, 2007.
SC: 133295, COA: 274849, Genesee CC: 06-018000-FC.
Actions on Applications for Leave to Appeal from the Court of Appeals.
Summary Dispositions September 24, 2007:
Pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, we remand this case to the Genesee Circuit Court for re-sentencing. Because the penetrations in this case did not "arise out of" the sentencing offense, offense variable 11 should not have been scored at 50 points. People v Johnson, 474 Mich 96 (2006).