Michigan Supreme Court, 2016

People v. Nawwas

People v. Nawwas
Michigan Supreme Court · Decided March 23, 2016
499 Mich. 874; 876 N.W.2d 246; 2016 Mich. LEXIS 448

People v. Nawwas

Opinion

Pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we reverse in part the judgment of the Court of Appeals, we vacate the sentence of the Wayne Circuit Court, and, based on the prosecutor’s response confessing error and stating that the defendant is entitled to resentenc-ing, we remand this case to the trial court for resentencing. The Sentencing Information Report indicates that the trial court only scored the sentencing guidelines for the defendant’s violation of MCL 750.227. “Offense variables are properly scored by reference only to the sentencing offense except when the language of a particular offense variable statute specifically provides otherwise.” People v McGraw, 484 Mich 120, 135 (2009). The trial court erred in scoring offense variable 9, MCL 777.39, based on a finding that two to nine victims were placed in danger of physical injury or death in relation to the defendant’s violation of MCL 750.227. 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.

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