PEOPLE v. JOHNSON

Docket No. 127525.

712 N.W.2d 703 (2006)

474 Mich. 96

PEOPLE of the State of Michigan, Plaintiff-Appellee, v. William Laron JOHNSON, Defendant-Appellant.

Supreme Court of Michigan.

March 23, 2006.


Attorney(s) appearing for the Case

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, and Jennifer Kay Clark, Assistant Prosecuting Attorney, Battle Creek, for the people.

State Appellate Defender (by Peter John Van Hoek), Detroit, for the defendant.


OPINION

PER CURIAM.

At issue is whether the trial court erred in scoring offense variable (OV) 11 and, if so, whether defendant is entitled to be resentenced. Defendant was convicted of two counts of third-degree criminal sexual conduct. The trial court scored OV 11 at 25 points on the basis that defendant penetrated the victim twice. The Court of Appeals affirmed. Because MCL 777.41(2)(a) only allows those penetrations "arising out of the sentencing offense...

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