From Casetext: Smarter Legal Research

People v. Davis

Supreme Court of Michigan.
Apr 3, 2015
497 Mich. 988 (Mich. 2015)

Opinion

Docket No. 149998. COA No. 321375.

04-03-2015

PEOPLE of the State of Michigan, Plaintiff–Appellee, v. Glenn Robert DAVIS, Defendant–Appellant.


Order

On order of the Court, the application for leave to appeal the July 11, 2014 order of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we VACATE the sentence imposed by the Kent Circuit Court, and we REMAND this case to the trial court for resentencing. The trial court erred in scoring Offense Variable 11 at 50 points in the absence of evidence that any additional penetrations “arose out of the sentencing offense.” See MCL 777.41 ; People v. Johnson, 474 Mich. 96, 712 N.W.2d 703 (2006).


Summaries of

People v. Davis

Supreme Court of Michigan.
Apr 3, 2015
497 Mich. 988 (Mich. 2015)
Case details for

People v. Davis

Case Details

Full title:PEOPLE of the State of Michigan, Plaintiff–Appellee, v. Glenn Robert…

Court:Supreme Court of Michigan.

Date published: Apr 3, 2015

Citations

497 Mich. 988 (Mich. 2015)
860 N.W.2d 926

Citing Cases

Davis v. Barrett

The Supreme Court stated that the trial court had erred by scoring offense variable eleven at fifty points…