Opinion
SC: 155213 COA: 335474
11-29-2017
PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Steven Jon WILCOX, Defendant-Appellant.
Order
By order of September 12, 2017, the prosecuting attorney was directed to answer the application for leave to appeal the December 5, 2016 order of the Court of Appeals. On order of the Court, the answer having been received, the application for leave to appeal is again considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we VACATE the sentence of the Oakland Circuit Court, and we REMAND this case to the circuit court for resentencing because there was only one victim for each offense. The prosecuting attorney concedes that the circuit court erroneously assigned 10 points to Offense Variable 9 (OV 9), MCL 777.39. On resentencing, the circuit court shall assign zero points to OV 9 and impose a sentence that is proportional to the nature of the offense and the background of the offender in accordance with People v. Milbourn, 435 Mich. 630, 651, 461 N.W.2d 1 (1990). The motion for extension of time to file reply brief is GRANTED.
We do not retain jurisdiction.
Clement, J., did not participate.