Opinion
No. 129264.
May 30, 2006.
SC: 129264, COA: 253684.
Summary Dispositions.
Pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, we reverse in part the judgment of the Court of Appeals and remand this case to the Macomb Circuit Court for the resentencing of defendant on all of his criminal sexual conduct convictions. The circuit court erred by assessing defendant 50 points under offense variable 11 for penetrations that did not arise out of the particular sentencing offense. People v Johnson, 474 Mich 96 (2006). On resentencing, the circuit court shall assess defendant zero points on each conviction under offense variable 11. We do not retain jurisdiction. Court of Appeals No. 253684.
WEAVER, J. I would grant leave to appeal.