Opinion
SC: 151382
09-29-2015
PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v. MAHER MOHAMMED NAWWAS, Defendant-Appellant.
Order
Robert P. Young, Jr., Chief Justice Stephen J. Markman Mary Beth Kelly Brian K. Zahra Bridget M. McCormack David F. Viviano Richard H. Bernstein, Justices COA: 319039
Wayne CC: 13-002517-FH
On order of the Court, the application for leave to appeal the February 12, 2015 judgment of the Court of Appeals is considered. We DIRECT the Wayne County Prosecuting Attorney to answer the application for leave to appeal within 28 days after the date of this order. The Sentencing Information Report indicates that the trial court only scored the sentencing guidelines for the defendant's violation of MCL 750.227. "Offense variables are properly scored by reference only to the sentencing offense except when the language of a particular offense variable statute specifically provides otherwise." People v McGraw, 484 Mich 120, 135 (2009). The prosecutor shall address whether the trial court erred in scoring offense variable 9, MCL 777.39, based on a finding that two to nine victims were placed in danger of physical injury or death in relation to the defendant's violation of MCL 750.227.
The application for leave to appeal remains pending.
I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.
September 29, 2015
/s/_________
Clerk