Opinion
No. 133043.
April 27, 2007.
Appeal from the Court of Appeals No. 273454.
Summary Dispositions April 27, 2007.
Pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, we vacate the defendant's sentence, and we remand this case to the Oceana Circuit Court for resentencing under properly scored guidelines. People v Kimble, 470 Mich 305 (2004). The record does not currently indicate that acts of sexual penetration occurred arising out of the sentencing offenses. If defendant is scored points for offense variable (OV) 11, the trial court must indicate that the acts of sexual penetration "arose out of" the sentencing offenses. MCL 777.41(2)(a). If defendant is not scored points for OV 11, to the extent that the record shows a continuing pattern of criminal behavior involving three or more crimes against a person, OV 13 should be scored at 25 points. In all other respects, leave to appeal is denied, because we are not persuaded that the remaining question presented should be reviewed by this Court.