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PEOPLE v. HOUSTON

Docket No. 126025. Calendar No. 3.

702 N.W.2d 530 (2005)

473 Mich. 399

PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Duane HOUSTON Defendant-Appellant.

Supreme Court of Michigan.

Decided July 26, 2005.

Attorney(s) appearing for the Case

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, David S. Leyton, Prosecuting Attorney, and Donald A. Kuebler, Chief of Research, Training, and Appeals, Flint, MI, for the people.

State Appellate Defender (by Gail Rodwan), Detroit, MI, for the defendant.

Stuart J. Dunnings, III, David G. Gorcyca, Joyce F. Todd, and Danielle Walton, Pontiac, MI, for the Prosecuting Attorneys Association of Michigan, amicus curiae.

OPINION

YOUNG, J.

This appeal concerns the proper method of scoring offense variable 3 (OV 3), which addresses "physical injury to a victim." M.C.L.§ 777.33. The defendant in this case was convicted of second-degree murder on the basis of the shooting death of John Strong. Offense variable 3 requires the sentencing judge to select one from among the several listed scoring elements and assign points that range...

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