PEOPLE v. FRANCISCO

Docket No. 129035.

711 N.W.2d 44 (2006)

474 Mich. 82

PEOPLE of the State of MICHIGAN, Plaintiff-Appellee, v. Charles Wayne FRANCISCO, 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, David G. Gorcyca, Prosecuting Attorney, Joyce F. Todd, Chief, Appellate Division, and Robert C. Williams, Assistant Prosecuting Attorney, Pontiac, for the people.

State Appellate Defender (by Jacqueline J. McCann and Anne Yantus), Detroit, for the defendant.


MARKMAN, J.

At issue is whether the trial court erred in scoring offense variable 13 (OV 13) and, if so, whether defendant is entitled to be resentenced. Because we conclude that the trial court did err in scoring OV 13, and because this error affected the statutory sentencing guidelines range, we remand to the trial court for resentencing.

I. FACTS AND PROCEDURAL HISTORY

Following a jury trial, defendant was convicted of first-degree home invasion...

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