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PEOPLE v. CANNON

Docket No. 131994. Calendar No. 1.

749 N.W.2d 257 (2008)

PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Trumon Dontae CANNON, Defendant-Appellant.

Supreme Court of Michigan.

Decided June 4, 2008.

Attorney(s) appearing for the Case

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, Michael D. Thomas, Prosecuting Attorney, and J. Thomas Horiszny, Assistant Prosecuting Attorney, for the people.

Patrick K. Ehlmann, East Lansing, for the defendant.

Opinion

MARILYN J. KELLY, J.

At issue in this case is whether the trial court properly assessed 15 points for predatory conduct under offense variable ten (OV 10) when it calculated defendant's sentencing guidelines range.1 We conclude that both lower courts failed to apply the correct test in scoring OV 10. Therefore, we remand the case to the trial court to reconsider whether to assess 15 points for predatory conduct under...

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