Opinion
Docket No. 148956. COA No. 318736.
10-24-2014
PEOPLE of the State of Michigan, Plaintiff–Appellee, v. Twanyae Daquavion GOODMAN, Defendant–Appellant.
Order
On order of the Court, the application for leave to appeal the January 22, 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 of the Saginaw Circuit Court and we REMAND this case to the trial court for resentencing. The trial court erred in scoring Offense Variable (OV) 13 at 10 points for three or more crimes against a person or property to the extent that it relied on the defendant's conspiracy conviction to score the variable. Conspiracy does not constitute a crime against a person or property. See People v. Pearson, 490 Mich. 984, 984–985, 807 N.W.2d 45 (2012) ; People v. Bonilla–Machado, 489 Mich. 412, 803 N.W.2d 217 (2011). We further clarify that the Court of Appeals opinion in People v. Jackson, 291 Mich.App. 644, 649, 805 N.W.2d 463 (2011), has been abrogated in part by Pearson and Bonilla–Machado to the extent that it held that a conspiracy conviction may be counted as a crime against a person if “the underlying nature of the conspiracy involved a crime against a person.” On remand, the trial court may score OV 13 at 10 points should there be three or more offenses that meet the requirements for such a score. 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.
YOUNG, C.J. (concurring).
Given the current state of the law, I concur in the result. I write separately, however, to reiterate my disagreement with this Court's construction of the sentencing guidelines in People v. Bonilla–Machado, 489 Mich. 412, 803 N.W.2d 217 (2011), and People v. Pearson, 490 Mich. 984, 807 N.W.2d 45 (2012).
In those cases, I dissented from the portions of both decisions holding that the scoring of the relevant provisions of Offense Variable (OV) 13, MCL 777.43, is limited to only offenses categorized as offenses “against a person” or “against property.” Bonilla–Machado, 489 Mich. at 442, 803 N.W.2d 217 (Young, C.J., dissenting). Properly construed, the relevant provisions of OV 13 should be scored for charged crimes “involving” criminal activity against a person or property, regardless of the offense category. Id. at 449–450, 803 N.W.2d 217. Because Bonilla–Machado and Pearson are settled law, however, and because the trial court misapplied that law in this case, I concur in this Court's order remanding this case to the trial court.