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PEOPLE v. SARGENT

Docket No. 133474. Calendar No. 1.

750 N.W.2d 161 (2008)

481 Mich. 346

PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Dennis Mervyn SARGENT, Defendant-Appellant.

Supreme Court of Michigan.

Decided June 18, 2008.

Attorney(s) appearing for the Case

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, Frederick Anderson, Prosecuting Attorney, and Douglas E. Ketchum, Assistant Prosecuting Attorney, for the people.

Law Office of John D. Roach, Jr., P.L.C. (by John D. Roach, Jr.) Detroit, for the defendant.

David G. Gorcyca, Jeffrey R. Fink, and Cheri L. Bruinsma, Kalamazoo, for amicus curiae the Prosecuting Attorneys Association of Michigan.

PER CURIAM.

We granted leave to appeal in this case to consider whether offense variable 9 (number of victims) (OV 9) can be scored using uncharged acts that did not occur during the same criminal transaction as the sentencing offenses. Defendant was convicted of first-degree criminal sexual conduct and second-degree criminal sexual conduct as a result of his sexual abuse of the 13-year-old complainant. At defendant's trial, the complainant's older sister testified...

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