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People v. Davis

Supreme Court of Michigan

April 3, 2015

PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee,
v.
GLENN ROBERT DAVIS, Defendant-Appellant

COA: 321375. Kent CC: 13-003123-FC.

Robert P. Young, Jr., Chief Justice. Stephen J. Markman, Mary Beth Kelly, Brian K. Zahra, Bridget M. McCormack, David F. Viviano, Richard H. Bernstein, Justices.

ORDER

On order of the Court, the application for leave to appeal the July 11, 2014 order of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we VACATE the sentence imposed by the Kent Circuit Court, and we REMAND this case to the trial court for resentencing. The trial court erred in scoring Offense Variable 11 at 50 points in the absence of evidence that any additional penetrations " arose out of" the sentencing offense. See MCL 777.41; People v Johnson, 474 Mich. 96; 712 N.W.2d 703 (2006).


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