Opinion
SC: 162071 COA: 348768
03-19-2021
PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Colleen Marie BERRIDGE, Defendant-Appellant.
Order
On order of the Court, the application for leave to appeal the August 27, 2020 judgment of the Court of Appeals is considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we REVERSE that part of the Court of Appeals judgment affirming the trial court's scoring of Offense Variable (OV) 6, VACATE the sentence of the Lenawee Circuit Court, and REMAND this case to the trial court for resentencing. As noted by dissenting Judge Stephens, OV 6 should be assigned 25 points only where there is a very high risk of death, meaning more than the risk attendant to other deliveries, or that the defendant had particularized knowledge that this delivery was more probably than not going to lead to great bodily harm or death. MCL 777.36(1)(b). The prosecutor has thus far failed to point to evidence demonstrating this type of risk.
We do not retain jurisdiction.