PEOPLE v. MATTOON

Docket No. 259822.

721 N.W.2d 269 (2006)

271 Mich. App. 275

PEOPLE of the State of Michigan, Plaintiff/Cross-Appellant, v. Frank J. MATTOON, III, Defendant/Cross-Appellee.

Court of Appeals of Michigan.

Decided June 6, 2006, at 9:20 a.m.

Released for Publication August 31, 2006.


Attorney(s) appearing for the Case

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, Brian F. Donnelly, Prosecuting Attorney, and Laura Cook, Assistant Attorney General, for the people.

Nieuwenhuis Law Office, P.C. (by Helen C. Nieuwenhuis), Grand Rapids, for the defendant.

Before: SAWYER, P.J., and KELLY and DAVIS, JJ.


SAWYER, P.J.

We are asked to determine in this case whether offense variable (OV) 7 of the Sentencing Guidelines may be scored at 50 points where there is no actual physical abuse of the victim. We conclude that the language of the statute includes situations in which there is emotional or psychological, but not physical, abuse of the victim and that actual physical abuse is not required to justify assessing 50 points for...

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