Guidelines, Resentencing Needed Where Guidelines Incorrectly Scored

Criminal Law Update

InPeople v Francisco,474 Mich 82 (2006) andPeople v Johnson,474 Mich 96 (2006)(march'06), the Michigan Supreme Court, over the dissent of Justice Corrigan in both cases, held that resentencing is required when an error changes the guidelines range, even if the original sentence is within the corrected guidelines range.Franciscodealt with an OV 13 scoring error where convictions outside the 5 year period were improperly used to add points, and Johnsonwas a case where OV 11 was wrongly scored because certain penetrations did not arise out of the sentencing offense.