Opinion
No. 142319.
June 17, 2011.
Court of Appeals No. 300285.
Summary Disposition.
Pursuant to MCR 7.302(H)(1), rather than grant leave to appeal, we vacate the defendant's sentence for resisting and obstructing an officer, MCL 750.81d(1). Zero points should have been scored for prior record variable (PRV) 1 pursuant to MCL 777.50(2) and (3). The resulting change in defendant's total PRV score produces a lower sentencing guidelines range. Defendant is therefore entitled to resentencing. See People v. Francisco, 474 Mich 82 (2006). Therefore, we remand this case to the Oakland Circuit Court for resentencing under properly scored sentencing guidelines. Because we are not persuaded that the remaining questions presented should be reviewed by this Court, leave to appeal with respect to them is denied. We do not retain jurisdiction.