Opinion
Docket No. 151382. COA No. 319039.
09-29-2015
PEOPLE of the State of Michigan, Plaintiff–Appellee, v. Maher Mohammed NAWWAS, Defendant–Appellant.
Order
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, 771 N.W.2d 655 (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.