Summary
reinstating trial court's judgment of sentence because OV 19 was correctly scored at 10 points
Summary of this case from People v. AbstonOpinion
No. 140921.
March 23, 2011.
Court of Appeals No. 287859.
Summary Disposition March 23, 2011.
By order of June 28, 2010, the application for leave to appeal as cross-appellant the February 16, 2010, judgment of the Court of Appeals was held in abeyance pending the decision in People v Smith (Docket No. 140371). On order of the Court, the case having been decided on December 29, 2010, 488 Mich 193 (2010), the application for leave to appeal as cross-appellant is again considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we reverse that part of the Court of Appeals' judgment that vacated the defendant's sentence and remanded for resentencing, and we reinstate the judgment of sentence. Offense variable 19 was correctly scored at 10 points. See People v Smith, supra.