Opinion
Docket No. 151849. COA No. 326365.
09-21-2016
PEOPLE of the State of Michigan, Plaintiff–Appellee, v. David SUTTON, Defendant–Appellant.
Order
On order of the Court, the application for leave to appeal the May 8, 2015 order of the Court of Appeals is considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we VACATE the sentence of the Roscommon Circuit Court, and we REMAND this case to the trial court for resentencing. The trial court erred by assigning 50 points under Offense Variable 11, MCL 777.41, for penetrations that did not arise out of the particular sentencing offense. People v. Johnson, 474 Mich. 96, 712 N.W.2d 703 (2006). Because correcting the OV score would change the applicable guidelines range, resentencing is required. People v. Kimble, 470 Mich. 305, 684 N.W.2d 669 (2004).
We do not retain jurisdiction.