Opinion
Docket No. 154087. COA No. 332800.
12-21-2016
PEOPLE of the State of Michigan, Plaintiff–Appellee, v. Roderick Antoniodion DAVIS, Defendant–Appellant.
Order
On order of the Court, the application for leave to appeal the June 22, 2016 order of the Court of Appeals is considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we VACATE the sentence of the Kent Circuit Court, and we REMAND this case to that court for resentencing. The circuit court erred in assigning 10 points for Offense Variable 9 (OV 9), MCL 777.39, where fewer than two victims were placed in danger of physical injury or loss of life. Because correcting the OV score changes the applicable guidelines range, resentencing is required. People v. Kimble, 470 Mich. 305, 684 N.W.2d 669 (2004).