OV 13, Pattern of Felonious Criminal Activity, Prior Juvenile Adjudications

Criminal Law Update

People v Harverson, __ Mich App __; __ NW2d __ (2010 WL 5350171, No. 293014, decided December 28, 2010)(dec’10). Defendant Harverson, convicted of unarmed robbery, claimed the trial court erroneously scored ten points for OV 13 (continuing pattern of criminal behavior) by including his juvenile adjudications. The court found that a juvenile adjudication clearly constitutes criminal activity because “it amounts to a violation of a criminal statute, even though that violation is not resolved in a “criminal proceeding.” Citing People v Luckett, 485 Mich. 1072, 1073; 777 NW2d 163 (2010). Therefore, the court held that defendant's poor juvenile track record, rife with adjudications, properly supported the trial court's scoring of this variable.