Opinion
Docket No. 149264. COA No. 320306.
10-22-2014
PEOPLE of the State of Michigan, Plaintiff–Appellee, v. Christopher Lee BENNETT, Defendant–Appellant.
Order
On order of the Court, the application for leave to appeal the March 19, 2014 order of the Court of Appeals is considered. We DIRECT the Oakland County Prosecuting Attorney to respond to the application for leave to appeal within 28 days after the date of this order. The prosecutor shall address whether the defendant was properly assessed 25 points for offense variable (OV) 13 in light of MCL 777.18 and People v. Bonilla–Machado, 489 Mich. 412, 803 N.W.2d 217 (2011) (conspiracy offenses are “crimes against public safety” rather than “crimes against a person” under MCL 777.1 et seq. ) and, if so, whether he is entitled to resentencing.
The application for leave to appeal remains pending.