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People v. Clark

Michigan Supreme Court Lansing, Michigan
Jul 1, 2015
SC: 150202 (Mich. Jul. 1, 2015)

Opinion

SC: 150202

07-01-2015

PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v. KYLE KEITH CLARK, Defendant-Appellant.


Order

Robert P. Young, Jr., Chief Justice Stephen J. Markman Mary Beth Kelly Brian K. Zahra Bridget M. McCormack David F. Viviano Richard H. Bernstein, Justices COA: 313121
Washtenaw CC: 11-001541-FC

On order of the Court, the application for leave to appeal the June 19, 2014 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 in part the judgment of the Court of Appeals, we VACATE the sentence of the Washtenaw Circuit Court, and we REMAND this case to the trial court for resentencing. Had Offense Variable (OV) 3, MCL 777.33, not been scored, the correct guidelines range was 84 to 140 months, rather than the range of 87 to 145 months on which the defendant's sentence was based. Therefore, the defendant is entitled to relief under the rationale of People v Francisco, 474 Mich 82 (2006). 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.

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

July 1, 2015

/s/_________

Clerk


Summaries of

People v. Clark

Michigan Supreme Court Lansing, Michigan
Jul 1, 2015
SC: 150202 (Mich. Jul. 1, 2015)
Case details for

People v. Clark

Case Details

Full title:PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v. KYLE KEITH CLARK…

Court:Michigan Supreme Court Lansing, Michigan

Date published: Jul 1, 2015

Citations

SC: 150202 (Mich. Jul. 1, 2015)