Opinion
No. 122770.
June 12, 2003.
COA: 227973, Gladwin CC: 99-006407-FH
On order of the Court, the delayed application for leave to appeal the October 1, 2002 decision of the Court of Appeals is considered and, pursuant to MCR 7.302(F)(1), in lieu of granting leave to appeal, we MODIFY the judgment of the Court of Appeals to provide that the trial court erred when it scored five points for offense variable 17 on the sentencing guidelines. MCL 777.22(1). However, because proper scoring of the offense variables does not affect defendant's sentence, the error is harmless and trial counsel was not constitutionally ineffective for failing to raise this issue at sentencing. In all other respects, leave to appeal is DENIED because we are not persuaded that the questions presented should be reviewed by this Court.