Opinion
363558
01-13-2023
People of Michigan v. John Hembrick Hutto
LC No. 2021-024198-FH
Noah P. Hood Presiding Judge Christopher M. Murray Michael J. Riordan Judges
ORDER
The Court orders that in lieu of granting the application for leave to appeal, we VACATE the April 26, 2022 judgment of sentence and REMAND this case to the trial court for resentencing because the trial court erred in its scoring of offense variable 13 (OV 13) of the sentencing guidelines. MCR 7.205(E)(3). Resentencing is required because the erroneous scoring of OV 13 affected the sentencing guidelines range. People v Carter, 503 Mich. 221, 230; 931 N.W.2d 566 (2019). In all other respects the application for leave to appeal is DENIED for lack of merit in the grounds presented. The motion to remand is DENIED as moot.
We do not retain jurisdiction.