Summary
In Roberts, this Court erroneously concluded that the sentencing court did not err by considering the context of the sentencing offense—felon-in-possession—to conclude that the defendant intrinsically placed people in grave danger by bringing a gun to a crowded bar and thereby assessing 25 points for OV 9, despite that the defendant was acquitted of assault with intent to murder.
Summary of this case from People v. MartinOpinion
SC: 161263 COA: 339424
10-21-2020
PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Terrell Marcus ROBERTS, Defendant-Appellant.
Order
On order of the Court, the application for leave to appeal the March 24, 2020 judgment of the Court of Appeals is considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we REVERSE the judgment of the Court of Appeals, VACATE the sentence for felon in possession of a firearm, and REMAND this case to the Ingham Circuit Court for resentencing. As argued by both the prosecution and defense at trial, the factual issue facing the jury in determining the defendant's guilt or innocence of the assault with intent to murder charge was whether he passed a gun to another individual, who it is undisputed then fired the gun into a crowd on a city street. The jury acquitted the defendant of this charge. As such, when the trial court assigned 25 points to Offense Variable 9, MCL 777.39(1)(b), for endangering the crowd, and when it departed upward from the recommended guidelines range in order to deter gun violence on the city's streets, it improperly sentenced the defendant based on acquitted conduct. People v. Beck , 504 Mich. 605, 939 N.W.2d 213 (2019).