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People v. Clark

Supreme Court of Michigan

July 1, 2015

PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee,
v.
KYLE KEITH CLARK, Defendant-Appellant

Washtenaw CC: 11-001541-FC. COA: 313121.

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 June 19, 2014 judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(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 Washtenaw Circuit Court, and we REMAND this case to the trial court for resentencing. Had Offense Variable (OV) 3, MCL 777.33, not been scored, the correct

Page 33

guidelines range was 84 to 140 months, rather than the range of 87 to 145 months on which the defendant's sentence was based. Therefore, the defendant is entitled to relief under the rationale of People v Francisco, 474 Mich. 82; 711 N.W.2d 44 (2006). 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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