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People v. Spangler

Supreme Court of Michigan
Nov 27, 2007
480 Mich. 947 (Mich. 2007)

Summary

In Spangler, the defendant was assessed 10 points under OV 19 because he hid himself, and various drug paraphernalia, in a closet when the police arrived at a house to investigate a crime committed by another individual.

Summary of this case from People v. Williams

Opinion

No. 134431.

November 27, 2007.

Court of Appeals No. 266078.


Leave to Appeal Denied November 27, 2007:

CAVANAGH and KELLY, JJ. We would grant leave to appeal.


I would grant leave to appeal in this case to consider when offense variable (OV) 19 is properly scored. Ten points are scored for OV 19 where the defendant has "interfered with or attempted to interfere with the administration of justice." MCL 777.49(c). In this case, defendant hid himself and items used in methamphetamine production in a closet when the police arrived at the house to investigate a crime committed by another person. For doing so, he was scored 10 points under OV 19. Given that it would be extraordinary for a criminal perpetrator not to attempt to hide evidence of his or her crime or to make such crime less detectable, it would seem that OV 19 would almost always be scored under the trial court's interpretation. Perhaps this is consistent with OV 19, but, if that was the Legislature's intention, it would seem that it would have simply increased the base level for theft offenses and other criminal offenses involving contraband. Because the guidelines are more than hortatory, and must be construed in the same fashion as any other binding law of this state, I would grant leave to enable a closer review of the Legislature's intentions. See People v Barbee, 470 Mich 283 (2004).


Summaries of

People v. Spangler

Supreme Court of Michigan
Nov 27, 2007
480 Mich. 947 (Mich. 2007)

In Spangler, the defendant was assessed 10 points under OV 19 because he hid himself, and various drug paraphernalia, in a closet when the police arrived at a house to investigate a crime committed by another individual.

Summary of this case from People v. Williams
Case details for

People v. Spangler

Case Details

Full title:PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v. THOMAS RAY…

Court:Supreme Court of Michigan

Date published: Nov 27, 2007

Citations

480 Mich. 947 (Mich. 2007)

Citing Cases

People v. Williams

Defendant argues that our Supreme Court has expressed concerns with the broad application of OV 19 as…