Opinion
Docket No. 147377. COA No. 311244.
2014-01-29
PEOPLE of the State of Michigan, Plaintiff–Appellee, v. Regan Adam REYNOLDS, Defendant–Appellant.
Order
On order of the Court, the application for leave to appeal the May 16, 2013 orderof the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we VACATE the sentences of the Kent Circuit Court and REMAND this case to the trial court for resentencing. When scoring Offense Variables 12 and 13 of the sentencing guidelines, the trial court considered the defendant's conspiracy conviction to be a crime against a person. A conspiracy conviction cannot be scored as a crime against a person pursuant to People v. Bonilla–Machado, 489 Mich. 412, 803 N.W.2d 217 (2011), and People v. Pearson, 490 Mich. 984, 807 N.W.2d 45 (2012). On remand, the trial court shall score OV 12 at 1 point and OV 13 at 0 points. 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.