Opinion
Docket No. 146776. COA No. 307054.
2013-06-5
PEOPLE of the State of Michigan, Plaintiff–Appellee, v. Richard Damien OSBORNE, Defendant–Appellant.
Prior report: Mich.App., 2013 WL 1149983.
Order
On order of the Court, the application for leave to appeal the February 14, 2013 judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we REVERSE the judgment of the Court of Appeals and we REMAND this case to the Court of Appeals for consideration of the merits of the defendant's challenges to Offense Variable (OV) 9, MCL 777.39; OV 11, MCL 777.41; and OV 13, MCL 777.43. The plea hearing transcript shows that the defendant did not agree to a specific minimum-sentence range of 42 to 70 months. Rather, the prosecutor agreed to recommend a sentence within this range. As a result, the defendant did not bind himself to a particular guidelines range as part of his plea agreement and did not waive his challenges to the offense variable scoring.