Summary
reversing the scoring of OV 13 for the reasons stated in the Court of Appeals dissenting opinion in People v Nelson, unpublished per curiam opinion of the Court of Appeals, issued July 19, 2011 (Docket No. 296932), (SHAPIRO, J., concurring part and dissenting in part), p 2, which reasoned that a sentencing offense can only be part of a pattern of crimes against a person if the sentencing offense itself is a crime against a person
Summary of this case from People v. JonesOpinion
Docket No. 143996.COA No. 296932.
2012-03-21
PEOPLE of the State of Michigan, Plaintiff–Appellee, v. Marquis Deangelo NELSON, Defendant–Appellant.
Prior report: Mich.App., 2011 WL 2858476.
Order
On order of the Court, the application for leave to appeal the July 19, 2011 judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we REVERSE the judgment of the Court of Appeals with respect to guidelines scoring of Offense Variable 1, MCL 777.31, and Offense Variable 13, MCL 777.43, for the reasons stated in the Court of Appeals dissenting opinion, and we REMAND this case to the Calhoun Circuit Court for resentencing. The circuit court shall apply the preponderance of the evidence standard to its scoring decisions, and any review by the Court of Appeals shall be for clear error. People v. Osantowski, 481 Mich. 103, 748 N.W.2d 799 (2008). 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.