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PEOPLE v. BROWN

Docket No. 250016.

692 N.W.2d 717 (2005)

265 Mich. App. 60

PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Tommy Lee BROWN, Jr., Defendant-Appellant.

Court of Appeals of Michigan.

Decided January 27, 2005, at 9:05 a.m.

Released for Publication March 2, 2005.

Attorney(s) appearing for the Case

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, Arthur A. Busch, Prosecuting Attorney, Donald A. Kuebler, Chief, Research, Training, and Appeals, and Vikki Bayeh Haley, Assistant Prosecuting Attorney, for the people.

Robin M. Lerg, Troy, for the defendant.

Before: JANSEN, P.J., and MURRAY and DONOFRIO, JJ.

PER CURIAM.

Defendant appeals as on leave granted his sentence for his plea-based conviction of driving with a suspended license (DWLS) causing death, M.C.L. § 257.904(4).1 The issue before us today is whether the trial court erred in assessing one hundred points under offense variable (OV) 3, and, if so, what the proper score is for OV 3 in this case. We find that the trial court erred in scoring one hundred points under OV 3, and...

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