Opinion
Docket No. 154116 COA No. 324668
01-24-2017
PEOPLE of the State of Michigan, Plaintiff–Appellee, v. Russell ROBERSON, Defendant–Appellant.
Order
On order of the Court, the application for leave to appeal the June 2, 2016 judgment of the Court of Appeals is considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we VACATE that part of the Court of Appeals judgment addressing the scoring of Offense Variable 7 (OV 7), MCL 777.37. The trial court record does not reveal an assessment of a base level of fear or anxiety associated with the offense of assault with intent to murder, and does not include a determination whether the defendant's conduct was intended to increase the victim's fear or anxiety by a considerable amount. See People v. Hardy , 494 Mich. 430, 442–443, 835 N.W.2d 340 (2013). We REMAND this case to the Wayne Circuit Court to make the determinations required under Hardy for deciding whether points should be assigned for OV 7, using the version of the sentencing guidelines in effect on the date that the sentencing offense was committed. MCL 769.34(2). If, after making the determinations required under Hardy , the circuit court determines that OV 7 was correctly scored, it shall implement the relief ordered by the Court of Appeals pursuant to People v. Lockridge , 498 Mich. 358, 398–399, 870 N.W.2d 502 (2015). If the circuit court determines that zero points should have been assigned for OV 7, it shall resentence the defendant. People v. Francisco , 474 Mich. 82, 711 N.W.2d 44 (2006). In all other respects, leave to appeal is DENIED, because we are not persuaded that the remaining questions presented should be reviewed by this Court.